THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM & Anr.

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/320/2023 DALIMI GOGOI AND 2 ORS. W/O- SRI BIREN GOGOI, R/O- BORPATARI, P.S. AND DIST. DHEMAJI, ASSAM 2: SMTI PURABI TAMULI W/O- SRI TANKESWAR TAMULI R/O- BORPATARI P.S. AND DIST. DHEMAJI ASSAM 3: TANKESWAR TAMULI R/O- BORPATARI P.S. AND DIST. DHEMAJI ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SMTI. LAKHI BORUAH D/O- SRI LIKHESWAR BORUAH R/O- VILL. NO. 3 NIMURI P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN- 784161 Advocate for the Petitioner : MR. U DUTTA Advocate for the Respondent : PP, ASSAM HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND B E F O R E Page No.# 2/2

23.02.2023

Heard Mr. U. Dutta, learned counsel for the petitioners, (1) Smti Dalimi Gogoi (2) Smti. Purabi Tamuli (3) Sri Tankeswar Tamuli and Mr. B. B. Gogoi, learned Addl. P.P. appearing for the State.

The petitioners have filed this application under Section 438 Cr.P.C. with a prayer for pre-arrest bail as they are apprehending arrest in connection with Narayanpur P.S. Case No. 79/2022 under Sections 376/313/420/325/379/509/34 IPC.

I have considered the submissions at the bar.

The allegation against the petitioners is that they have assaulted the informant and snatched away gold ornaments and cash of Rs.31,000/-.They have also abetted the accused no.1 in committing the offence.

I have perused the case diary. The petitioners have already appeared before the I/O and have co-operated with the investigation. Their custodial interrogation does not appear to be necessary to warrant their detention.

The interim order dated 07.02.2023 is hereby made absolute with the same terms and conditions. Send back the case diary. JUDGE Comparing Assistant