Allowed

Azibur Rahman Alias Aziz and Anr. v. the State of Assam

Gauhati HC7 Jan 2019Bail Appln./15/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to two accused-petitioners held on charges of theft under Section 379 IPC and Assam Forest Regulation Act. Considering 40 days of detention were sufficient, the court ordered release upon furnishing a bond with sureties on specific conditions.

What did the court decide?

Bail granted on a bond of Rs. 20,000 each with one suitable surety of like amount to the Chief Judicial Magistrate.

Azibur Rahman Alias Aziz and Anr. Vs the State of Assam — Cheque Dishonour | Gauhati HC (2019)

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GAHC010000252019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln. 15/2019

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1:AZIBUR RAHMAN ALIAS AZIZ AND ANR.

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S/O LATE FAIZUL HAQUE, R/O VILLAGE AMGAON, KHERBARI, PS PRAGJYOTISHPUR, DIST. KAMRUP (METRO), ASSAM

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2: SAIDUL ISLAM S/O MD. AZIBUR RAHMAN R/O VILLAGE NO.3 DHOLPUR KIRAKATA PS SIPAJHAR DIST. DARRANG ASSA

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VERSUS

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1:THE STATE OF ASSAM REP. BY PP, ASSAM

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Advocate for the Petitioner : MR S DEKA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 07-01-2019

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This is an application, filed under Section 439 Cr.PC, praying for bail of the accused-petitioners, namely, 1) Md. Azibur Rahman alias Aziz, and 2) Md. Saidul Islam, in connection with Pragjyotishpur PS Case No. 236/2018 under Section 379 IPC read with Section 40/41 Assam Forest Regulation Act.

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Heard Mr. S. Deka, learned counsel for the accused-petitioner as well as Mr. K. Konwar, learned Additional Public Prosecutor for the state respondent. Perused the petition as well as the annexures furnished therewith.

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The accused-petitioners have been in custody w.e.f. 28.11.2018, and as such, for a period of 40 days as on date. That being so, considering the period of detention, further custodial detention of the accused-petitioners is not necessary, and accordingly, their prayer is allowed.

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The accused-petitioners are granted bail on furnishing a bail bond of Rs. 20,000/- each with one suitable surety each of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), on the following conditions :

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(1) The accused-petitioners shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Kamrup (M), without prior written permission from the said learned court, (2) The accused-petitioners shall not hamper with the investigation, or tamper with the evidence of the case, and (3) The accused-petitioners 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.

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The bail petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Azibur Rahman Alias Aziz and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Azibur Rahman Alias Aziz and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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