Radha Raman Kundu Alias Radhamohan Dutta and Ors. v. the State of Assam
Anticipatory bail – Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023
Case brief
What is this about?
Gauhati High Court (AB/501/2025, order dated 05-04-2025, Justice Mitali Thakuria): anticipatory bail granted under Section 482 BNSS 2023 to Radha Raman Kundu @ Radhamohan Dutta, Rinku Kundu and Rupan Kundu @ Nepal Kundu in Lanka P.S. Case No. 03/2025 (Sections 61(2)/80 BNS 2023 r/w Section 4 Dowry Prohibition Act 1961; alleged dowry-demand torture and suicide of victim per informant's statement). Custodial interrogation held unnecessary as petitioners had cooperated and their statements were already recorded in the Case Diary. Bail conditional on bond of Rs. 20,000/- each with one surety of like amount, availability for interrogation within 7 days, cooperation with investigation, and no witness tampering. Counsel: A.W. Aman for petitioners; R.R. Kaushik, Addl. Public Prosecutor, for the State of Assam.
What did the court decide?
Pre-arrest (anticipatory) bail granted to all three petitioners: in the event of arrest, enlargement on bail on a bond of Rs. 20,000/- each with one surety of like amount, subject to conditions of (i) availability for interrogation within 7 days, (ii) full cooperation with the investigation and appearance before the Investigating Officer as and when required, and (iii) no inducement, threat or promise to any person acquainted with the facts of the case.