An application for bail made under Section 439 Cr.PC was allowed. The petitioner, accused of theft by entering a house with a value of Rs. 65,000, was in custody for 50 days. Considering the nature of the offence and detention period, he was granted bail on a bond.
Bail allowed on furnishing a bail bond of Rs. 20,000 with one suitable surety.
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GAHC010000552019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 22/2019
1:NITYANANDA SARKAR
S/O LATE NABANI KANTA SARKAR, LACHIT ROAD, UDALGURI, PS UDALGURI, DIST. UDALGURI (BTAD), ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MS. A MEDHI
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 accused-petitioner, namely, Mr. Nityananda Sarkar, in connection with Udalguri PS Case No. 255/2018 under Section 380/453 IPC.
Heard Ms. A. Medhi, 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.
The accused-petitioner is alleged to have committed theft, by entering into the house of the victim, in respect of belongings worth Rs. 65,000/-. He has been in custody for 50 days as on date w.e.f. 19.11.2018. Considering the nature of the offence and the period of detention of the accused-petitioner, his prayer for bail is allowed.
The accused-petitioner is granted bail on his furnishing a bail bond of Rs.
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20,000/- with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Udalguri, on the following conditions :
The bail petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant bail to the accused-petitioner in a theft case involving entry into a house.
2 provisions across 2 enactments
Nityananda Sarkar
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
