On bail application under section 439 Cr.P.C., the Gauhati High Court granted bail to an accused in PC Act case, considering main accused released and length of detention of 21 days.
Release on bail subject to furnishing a bond of Rs. 20,000 with one surety and conditions to remain within jurisdiction and not tamper with evidence.
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GAHC010137742018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1402/2018
1:SUCHITRA TALUKDAR
S/O LT. NAGEN CH. TALUKDAR, KAMAKHYA NAGAR, ADABARI TINIALI, BYLANE-5, HOUSE NO. 10, P.S. JHALUKBARI, KAMRUP (M)
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY PP ASSAM.
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 02-07-2018
Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. N. J. Dutta, learned PP for the State.
By this application under section 439 Cr.P.C., the accused-petitioner namely Sri Suchitra Talukdar has prayed for grant of bail who has been detained in jail custody in connection with Anti-Corruption Branch PS Case No.9/2018 under Section 7/13(1) (d)/13(2) of PC Act. The petitioner was arrested on 25.05.2018.
Heard the learned counsel for the petitioner as well as the learned PP who
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has produced the Case diary. The Case diary reveals incriminating materials against the accused-petitioner. However, on considering the fact that the main accused in the case has been released on bail and considering the length of the detention suffered by the accused-petitioner who is in jail since 25.05.2018, this Court is of the view that further custodial interrogation of the accused may not be required. Therefore, the accusedpetitioner shall be released on bail on furnishing a Bail Bond of Rs.20,000/- (Rupees Twenty thousand only) with one surety of the like amount to the satisfaction of Special Judge, Assam. The above bail order shall, however, be subject to the following conditions:
Return the Case diary.
The petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused detained in PC Act case.
2 provisions across 2 enactments
Suchitra Talukdar
State of Assam represented by PP Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
