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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA
Sangeeta Dutta W/o Dr. Walliul Islam – Appellant
Versus
State Of Assam And Anr. Rep. By The Special PP, Assam – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3) |
| 2. arguments for bail based on trial progress and similar cases. (Para 4 , 5 , 6) |
| 3. arguing illegal arrest due to procedural violations. (Para 7 , 8 , 9 , 10) |
| 4. highlighting long incarceration and implications. (Para 11 , 12 , 13 , 14) |
| 5. counterarguments from the prosecution. (Para 15 , 16 , 17 , 18) |
| 6. court's observations on trial speed and incarceration. (Para 21 , 22) |
| 7. legal reasoning regarding violations of rights. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 8. conclusions on illegal arrest and its implications. (Para 29 , 30 , 31 , 32 , 33) |
| 9. decision on bail based on established arguments. (Para 35) |
| 10. final order and directions regarding bail (Para 36 , 37) |
JUDGMENT AND ORDER :
ANJAN MONI KALITA, J.
Heard Mr. N J Dutta, learned counsel for the accused applicant. Also heard Mr. P S Lahkar, learned Additional Public Prosecutor, Assam for the State as well as Mr. D J Kapil, learned counsel for the respondent No. 2. Also heard Mr. S K Chakma, learned counsel for the victim.
2. This is an application under Section 483 of the BNSS , 2023, praying for grant of regular bail to the accused applicant, namely, Dr. Sangeeta Dutta, in conn
Violation of arrest procedures under the Criminal Procedure Code and prolonged pre-trial detention infringe on the fundamental rights of the accused, warranting the grant of bail.
Compliance with Section 50 of the Cr.P.C. and the seriousness of charges under the NDPS Act negate the automatic entitlement to bail, despite prolonged incarceration.
Failure to communicate arrest grounds does not automatically entitle a petitioner to bail involving serious narcotics charges under the NDPS Act.
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
Detention from the time of the raid constituted a violation of the Applicant's rights under Articles 21 and 22(2) of the Constitution, leading to the grant of bail with stringent conditions.
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