Allowed¶59

Shri Bishnu Chetia, v. the State of Assam

Gauhati HC4 Feb 2025AB/28/2025

Case brief

AI extract

What is this about?

Pre-arrest bail allowed; Section 482 BNSS 2023; Section 108/3(5) BNS 2023; abetment of suicide; Dhakuakhana P.S. Case No.114/2024; G.R. No.159/2024; interim bail made absolute; cooperation with police investigation; statements recorded before Investigating Officer; Gauhati High Court; Justice Parthivjyoti Saikia; order dated 05.02.2025; Case No. AB/5/2025; linked cases AB/28/2025, AB/4/2025, AB/8/2025, AB/63/2025, AB/16/2025, AB/69/2025; Dhakuakhana, Lakhimpur district, Assam; case diary returned.

What did the court decide?

Pre-arrest bail granted; interim bail earlier granted made absolute, subject to co-operation with the Police Investigating Officer as and when called for; applications disposed of and case diary to be returned. ¶59

Shri Bishnu Chetia, Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

Page No.# 1/6

GAHC010001062025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/5/2025

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SRI TULAN CHANDRA DUTTA S/O LATE SISHU RAM DUTTA, R/OMAJ JALBHARI P.O. JALBHARI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR D K MEDHI,

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Advocate for the Respondent : PP, ASSAM,

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Linked Case : AB/28/2025

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SHRI BISHNU CHETIA

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SON OF LATE PADMESHWAR CHETIA RESIDENT OF VILL MOHMARA DIGHALI P O. GHILAMARA P.S. GHILAMARA DISTRICT - LAKHIMPUR

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Page No.# 2/6

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ASSAM.

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VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM

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-----------Advocate for : MR. P MAJUMDAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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Linked Case : AB/4/2025

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NABANITA GOGOI AND 4 ORS W/O KSHIROD GOGOI R/O DHAKUAKHANA CHARIALI P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787055

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2: MANJU BANU GOGOI W/O TIKHESWAR GOGOI R/O MANIKACHUK DIGHALA CHAPARI P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787055

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3: SAROJ KUMARI GOGOI W/O RAJEN GOGOI R/O KATHABARI GAON DHAKUAKHANA P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787055

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4: HIRANYA BORGOHIAN

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Page No.# 3/6

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S/O TIRTHA NATH BORGOHAIN R/O ALOK NAGAR DHAKUAKHANA PT. I P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787055

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5: KUMUD BORUAH S/O DINA NATH BORUAH R/O BALIGAON DHAKUAKHANA P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787055 VERSUS

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THE STATE OF ASSAM REP BY THE PP ASSAM

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-----------Advocate for : MR G CHAMUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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Linked Case : AB/8/2025

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MRIDUL CHUTIA S/O SRI GUNESWAR CHUTIA R/O KATH GAON MORNOI BEBEJIA P.S. DHAKUAKHANA R/O KATH GAON MORNOI BEBEJIA P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM

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VERSUS THE STATE OF ASSAM

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Page No.# 4/6

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REP BY THE PP ASSAM

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-----------Advocate for : MR. S MUNIR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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Linked Case : AB/63/2025

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TARUN CHETIA S/O LATE BHUBAN CHUTIA R/OVILL- CHEITA GAON P.O. AND P.S. DHAKUAKHANA DIST.LAKHIMPUR ASSAM PIN-787055

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VERSUS

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THE STATE OF ASSAM REP BY THE PP ASSAM

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-----------Advocate for : R L CHUTIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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Linked Case : AB/16/2025

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SRI RABIN DUTTA @ ROBIN DUTTA S/O LATE MAHENDRA NATH DUTTA R/O VILLAGE BHAGAMUKH P.O. AND P.S. DHAKUAKHANA DISTRICT LAKHIMPUR ASSAM PIN 787055

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VERSUS

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Page No.# 5/6

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THE STATE OF ASSAM REP BY THE PP ASSAM

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-----------Advocate for : MR. S K SINGHA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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Linked Case : AB/69/2025

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KAMAKHYA BHARALI KAPAHUWA P O AND PS DHAKUAKHANA DIST LAKHIMPUR ASSAM

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VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP ASSAM

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-----------Advocate for : MR. S D ROY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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:: BEFORE ::

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HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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O R D E R

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05.02.2025

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Heard Mr. B.K. Mahajan, Mr. G. Chamuah, Mr. P. Mazumdar, Mr. M.K. Neog, Mr. R.N. Chutia, Mr. S.D. Roy, Mr. H. Baruah and Mr. S. Munir, the learned counsel

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Page No.# 6/6

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appearing for the petitioners. Also heard Mr. M.P. Goswami, the learned Addl. Public Prosecutor, Assam.

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2. These are the applications under Section 482 of the BNSS, 2023 praying for prearrest bail in respect of Dhakuakhana P.S. Case No.114/2024 under Section 108/3(5) of the BNS, 2023 (corresponding to G.R. No.159/2024).

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3. It is alleged in the FIR that the present petitioners have abetted commission of suicide by a person.

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4. All the petitioners were granted interim bail by this Court and pursuant to that, they have appeared before the Police Investigating Officer and have got their statements recorded.

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5. Since all the present petitioners have cooperated with police investigation, they do not deserve to be detained in custody. Their pre-arrest bail applications are allowed.

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6. The interim bail granted in favour of the respective present petitioners is made absolute. However, they are directed to co-operate with Police Investigating Officer as and when called for.

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7. With the aforesaid direction, the present applications for bail is disposed of.

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Case diary shall be returned.

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JUDGE

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Comparing Assistant

Shri Bishnu Chetia, v. the State of Assam

Case brief

What is this about?

What did the court decide?

Shri Bishnu Chetia, v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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