Bail application filed under Section 439 Cr.PC for accused in Sections 143/353 IPC case. Court granted bail after noting simple nature of injury and detention period of 24 days.
Prayer for bail of the accused-petitioner allowed; granted bail on bond of Rs. 10,000/- with one surety subject to conditions.
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GAHC010000142019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 2/2019
1:AURANGJEB CHOUDHURY S/O LATE OHED CHOUDHURY R/O VILL AND P.O. MUKALMUA DIST. NALBARI, ASSAM, PIN - 781126.
VERSUS
1:THE STATE OF ASSAM THROUGH THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. SK MUKTAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-01-2019
This is an application, filed under Section 439 Cr.PC, praying for bail of the accused-petitioner, namely, Aurangjeb Choudhury, in connection with Mukalmua PS Case No. 449/2018 under Sections 143/353 IPC read with Section 14 A.G.B. Act.
Heard Mr. S.K. Muktar, 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. I have also perused the copy of the medical report of injuries furnished by the petitioner, which he claims to have obtained through RTI application.
The injury of the injured is found to simple simple in nature. On the other hand, the accused-petitioner has been in custody, w.e.f. 11.12.2018, and as such, for a
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period of 24 days as on date. Considering the nature of the offence and the period of detention, the prayer for bail of the accused-petitioner is allowed.
The accused petitioner is granted bail on his furnishing a bail bond of Rs. 10,000/- with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari, on the following conditions :
(3) The accused petitioner 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 bail petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused petitioner is entitled to bail given the nature of the offence and the short period of detention.
3 provisions across 3 enactments
Aurangjeb Choudhury
The State of Assam through the Public Prosecutor, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
