The Gauhati High Court granted bail to three accused-petitioners charged with offence under Section 395 IPC, holding that further custodial detention is not necessary for investigation.
Acused-petitioners released on bail with a bond of Rs. 20,000/- each subject to standard conditions.
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GAHC010000262019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 4/2019
1:TULAN BORAH AND 2 ORS. S/O. SRI LUKESWAR BORAH R/O. BADHAKARA BALIGAON P.O. BADHAKARA P.S. BOGINADI DIST. LAKHIMPUR ASSAM-787032.
2: AJIT BORAH S/O. SRI LUKESWAR BORAH R/O. BADHAKARA BALIGAON P.O. BADHAKARA P.S. BOGINADI DIST. LAKHIMPUR ASSAM-787032.
3: PRASANTA RAJKHOWAH R/O. BADHAKARA BALIGAON P.O. BADHAKARA P.S. BOGINADI DIST. LAKHIMPUR ASSAM-787032. VERSUS
1:THE STATE OF ASSAM REP. BY PP ASSAM.
Advocate for the Petitioner : MR. J C GOGOI Advocate for the Respondent : PP ASSAM
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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 10-01-2019
Heard Mr. JC Gogoi, learned counsel for the accused-petitioners as well as Mr. B Sarma, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioners, namely, 1. Sri Tulan Borah, 2. Sri Ajit Borah and 3. Sri Prasanta Rajkhowah, in connection with Boginadi P.S. Case No. 214/2018 registered under Section 395 of the IPC.
Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court.
The accused-petitioner Nos. 1 and 2 are in custody for 18 (eighteen) days and the accused-petitioner No. 3 is in custody for 14 (fourteen) days as on date. On consideration of the materials in the case diary, this court is of the view that further custodial detention of the accused-petitioners is not necessary in the interest of investigation of the case. Therefore, they are granted bail.
Accordingly, the accused-petitioners, named above, shall be released on bail in connection with Boginadi P.S. Case No. 214/2018 on furnishing bail bond of Rs. 20,000/- each with a suitable surety each of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur.
The direction for bail is further subject to the conditions that the accusedpetitioners:
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evidence of the case; and
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused-petitioners in the性及 custody.
Whether further custodial detention is necessary for the investigation.
2 provisions across 2 enactments
Tulan Borah
Ajit Borah
Prasanta Rajkhowah
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
