The Court granted bail to the accused-petitioner, Sonu Kumar, who had been in custody for 52 days in relation to an investigation into cheating and forgery, holding that further detention was not necessary.
Accused-petitioner granted bail on furnishing a bond of Rs.25,000 with a suitable surety.
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GAHC010002222019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 14/2019
1:SONU KUMAR
S/O RAMESH CHAND, R/O ANAND VIHAR UNDER SADAR BAZAR POLICE STATION IN THE DISTRICT OF SAHARANPUR (UTTAR PRADESH)
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. B M CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MR. JUSTICE HITESH KUMAR SARMA
:: O R D E R ::
17-01-2019
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Sonu Kumar , in connection with Morigaon Police Station Case No. 235/2018 , registered under Sections 420/380 of the IPC .
I have perused the petition including the annexures furnished therewith.
The case diary produced, has been perused.
Heard Mr. BM Choudhury, learned counsel appearing for the accused-petitioner and Ms. SH Bora, learned Additional Public Prosecutor, appearing for the State.
The accused-petitioner was arrested on 27-11-2018 and as such, he has been in custody for 52 days as of now.
The materials in the case diary is indicative of the involvement of the accused-petitioner with the commission of the offence alleged, but at the same time, the accused-petitioner has been in custody for 52
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days as on today.
On perusal of the case diary, this Court is of the view that further custodial detention of the accusedpetitioner is not necessary. Therefore, he is granted bail.
Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.25,000/- with a suitable surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Morigaon.
The direction for bail is further subject to the conditions that the accused-petitioner:
(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Morigaon, without prior written permission from him;
(b) shall not hamper with the investigation, or tamper with the evidence of the case;
(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. The learned Chief Judicial Magistrate, Morigaon, will be at liberty to put any other condition, in addition to the conditions imposed to the accused-petitioner, to ensure appearance of the accused-petitioner before the Court, as and when called for.
In terms of the above, this bail application stands disposed of.
Return the case diary.
Comparing Assistant
JUDGE
2 issues framed by the court
Whether bail should be granted to the accused-petitioner in a cheating and forgery case after 52 days of arrest.
Whether there is a need for further custodial detention.
2 provisions across 2 enactments
Sonu Kumar
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
