In this bail application under Section 439 CrPC, the Gauhati High Court allowed the accused petitioner bond of Rs 20,000 with surety to secure release from custody in a theft case due to length of detention and lack of evidence.
Accused petitioner allowed to go on bail on furnishing bail bond of Rs 20,000 with a surety of like amount.
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GAHC010016302018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 187/2018
1:ROFIQUL ISLAM@ RUFIAUL ISLAM R/O- VILL- H/NO. BIRSINGH, P.S. DAKHIN SALMARA, DIST- DHUBRI, ASSAM
VERSUS
1:THE STATE OF ASSAM GUWAHATI
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 12-02-2018
By this application u/s 439 of the CrPC accused petitioner Md. Rofiqul Islam sought bail in connection with Dispur P.S.Case No.59/2018 corresponding to G.R.No.256/2018 U/S 379 IPC.
Heard Mr. B.Choudhury, learned counsel for the accused petitioner and Mr. B.Sarma, learned Addl. P.P. Assam.
Perused the record and case diary. The accused petitioner was arrested on 6.1.2018 only on suspicion of commiting theft of a motor cycle of the informant but no any recovery is made.
Considering all above and length of detention, this Court is of the opinion that
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further custodial detention of the accused petitioner is not required. Accused petitioner is allowed to go on bail in connection with the aforesaid case on furnishing bail bond of Rs 20,000/- with a surety of the like amount to the satisfaction of the learned CJM, Kamrup (M). Bail Application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether accused petitioner is eligible for bail in connection with case related to theft of motorcycle under Section 379 IPC.
2 provisions across 2 enactments
ROFIQUL ISLAM@ RUFIAUL ISLAM
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
