Allowed

Shakti Prasad Tayeng v. the State of Assam

Gauhati HC9 Jan 2019Bail Appln./17/2019

Case brief

AI extract

What is this about?

In a bail application seeking release under Section 439 Cr.PC, the Gauhati High Court held that further custodial detention of the petitioner was unnecessary for the investigation as the offence of causing injury to police persons was made against a co-accused.

What did the court decide?

Petitioner released on bail with a bond of Rs. 10,000/- and suitable surety, subject to conditions not to hamper investigation or tamper with evidence.

Shakti Prasad Tayeng Vs the State of Assam — Bail and Remand | Gauhati HC (2019)

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GAHC010002072019

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln. 17/2019

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1:SHAKTI PRASAD TAYENG

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S/O LATE MONESWAR TAYEN, R/O VILL GELUA, PS SILAPATHAR, DIST. DHEMAJI, ASSAM

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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. T CHUTIA

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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 : 09-01-2019

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Heard Mr. T Chutia, learned counsel for the accused-petitioner as well as Mr. B Sarma, learned Additional Public Prosecutor, appearing for the State respondent.

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This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accusedpetitioner, namely, Sri Shakti Prasad Tayeng, in connection with Silapathar P.S. Case No. 493/2018 registered under Sections 353/333 of the IPC read with Section 14 of the Game and Betting Act.

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Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court.

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It appears from the materials in the case diary that further custodial detention of the accused-

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petitioner is not necessary in the interest of investigation of the case as the offence of causing injury to the police persons have been made against co-accused, Manuj Pait. Therefore, the accusedpetitioner is entitled to the grant of bail. Accordingly, granted .

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Silapathar P.S. Case No. 493/2018 on furnishing bail bond of Rs. 10,000/- with a suitable surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Dhemaji.

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The direction for bail is further subject to the conditions that the accused-petitioner:

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(a) shall not hamper with the investigation, or tamper with the evidence of the case; and

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(b) 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 petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Shakti Prasad Tayeng v. the State of Assam

Case brief

What is this about?

What did the court decide?

Shakti Prasad Tayeng v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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