Single judge order granting bail to accused-petitioner detained for 40 days. Court held further detention unnecessary under Section 439 Cr.PC for alleged offences under Unlawful Protection Act.
Bail granted on Rs. 20,000 with one suitable surety of like amount on specific conditions.
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GAHC010000462019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 7/2019
1:JIBON PEGU @ JITEN
S/O LATE RAMA PEGU, R/O BIJOYPUR GAON, PO AND PS MARIANI, DIST. JORHAT, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. P J SAIKIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 07-01-2019
This is an application, filed under Section 439 Cr.PC, praying for bail of the accusedpetitioner, namely, Sri Jibon Pegu @ Jiten, in connection with Mariani PS Case No. 251/2018 under Sections 10/13 UP(P) Act.
Heard Mr. P.J. Saikia, learned counsel for the accused-petitioner as well as Mr. K. Konwar, learned Additional Public Prosecutor for the state of Assam.
Perused the petition as well as the annexures furnished therewith.
The accused-petitioner was arrested on 29.11.2018 for the alleged offences under the aforesaid provisions of law. He has been in custody for 40 days as on date. Considering the nature of the offence alleged and the period of detention, further custodial detention of the
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accused-petitioner is not necessary, and accordingly, his prayer is allowed.
The accused-petitioner is granted bail on his furnishing a bail bond of Rs. 20,000/- with one suitable surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Mariani, Jorhat, on the following conditions :
(1) The accused-petitioner shall not leave the territorial jurisdiction of the Sub-Divisional Judicial Magistrate (M), Mariani, Jorhat, without prior written permission from the said learned court,
(2) The accused-petitioner shall not hamper with the investigation, or tamper with the evidence of the case, and
(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 bail is necessary for the accused-petitioner detained for 40 days in a case under Sections 10/13 UP(P) Act.
2 provisions across 2 enactments
Jibon Pegu @ Jiten
The State of Assam Rep. By PP, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
