The Gauhati High Court granted bail to the accused-petitioner in a murder case (Section 302 IPC) after noting the length of detention was 87 days, default bail was imminent, and no specific evidence existed.
Granted bail on furnishing a bond of Rs. 20,000 with one surety of like amount.
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GAHC010228482019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 2837/2019
1:UTPAL THAKUR
S/O RAMKUMAR THAKUR, R/O VILL-PATACHARKUCHI TOWN, P.S. AND P.O.-PATACHAKUCHI, DIST-BARPETA (ASSAM)
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : J U AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 21-11-2019
Heard Mr. M. Rahman, learned counsel for the accused-petitioner and Mr. N Kalita, learned Additional Public Prosecutor, Assam, appearing for the State respondent .
This is an application, under Section 439 CrPC, seeking bail of the accused-petitioner, namely, Utpal Thakur, in connection with Sonapur PS Case No. 279/2017 registered under Sections 120(B)/302/201/34 of IPC.
Considered the submission of learned counsel for both sides and perused the case diary.
As per FIR, the husband of the informant went out from his house on 23.9.2017 and did not return and thereafter his dead body was found in the street nearby bridge and wife of the deceased
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has doubted that present accused person and one another, who has to pay Rs.30 Lakh to her husband might have killed her husband. The evidence so far recorded including the informant speaks nothing more except some serious doubt upon the accused-petitioner. There is no other eye-witness to the occurrence and no any other clue as to who might have murdered the deceased. Some of the witnesses have stated that the deceased might have committed suicide but the post-mortem report reveals that there are some marks of injury on the person of the deceased. The investigation so far conducted around 3 months could not emerge with any specific evidence. Charge-sheet has also not yet been submitted and that the accused-petitioner is in custody since 27.8.2019 i.e. for 87 days as on date and the accused will be entitled to get default bail within day or two.
Having regard to the entire records of the matter and the length of detention, the accusedpetitioner is granted bail.
Accordingly, the accused/petitioner, namely, Utpal Thakur is allowed to go on bail on furnishing bail bond of Rs.20,000/- with one surety of like amount in connection with Sonapur PS Case No. 279/2017 to the satisfaction of learned CJM, Kamrup (M).
The application stands disposed of. Return the case diary.
JUDGE
Milansinha/
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused-petitioner under Section 439 CrPC in a murder case where the accused has been in custody for 87 days with no specific evidence against him.
1 provisions across 1 enactments
Utpal Thakur
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
