The Gauhati High Court granted bail to Bijoy Chandra Kar in a police case involving IPC 324, 307, and 34. The court held that further custodial detention was not necessary for investigation after 64 days of custody.
The accused was granted bail on furnishing a bond of Rs. 15,000 with a suitable surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010199972019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 2441/2019
1:BIJOY CHANDRA KAR
S/O- LT GOPAL CHANDRA KAR, R/O- ODALBAKRA, LANGAMARA PATH, H.NO. 82, P.S. DISPUR, DIST- KAMRUP (M), ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MD E AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 01-10-2019
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Bijoy Chandra Kar, in connection with Dispur Police Station Case No. 2142 of 2019 , registered under Sections 324/307/34 of the IPC .
I have perused the petition including the copy of the FIR and the documents annexed therewith.
The case diary produced, has been perused.
Heard Mr. E Ahmed, learned counsel appearing for the accused-petitioner and Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State.
The accused-petitioner was arrested on 30-07-2019 and since then he has been in custody for a period of 64 days as on date.
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Considering the nature of offences alleged as well as the length of detention of the accused-petitioner in custody, this Court is of the view that his further custodial detention is not necessary in the interest of investigation of the case. That being so, the accused-petitioner is granted bail.
Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.15,000/- with a suitable surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M), Guwahati.
The direction for bail is further subject to the conditions that the accused-petitioner:
(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M), Guwahati, without prior written permission from him;
(b) shall not hamper with the investigation, or tamper with the evidence of the case;
(c) 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. In terms of the above, this bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused-petitioner given the nature of offences and length of detention.
2 provisions across 2 enactments
BIJOY CHANDRA KAR
THE STATE OF ASSAM REP. BY P.P., ASSAM
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
