Allowed

Augustin Kramsa v. the State of Assam

Gauhati HC22 Nov 2019Bail Appln./3284/2019

Case brief

AI extract

What is this about?

Justice Rumi Kumari Phukan allowed bail to Augustin Kramsa in connection with offences under Sections 120(B), 447, 506, 387, 109 IPC and Section 25(1-A) Arms Act. The court found insufficient material for custodial detention regarding most charges and noted the petitioner had valid arm licenses.

What did the court decide?

Released on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned SubDivisional Judicial Magistrate, Bokajan.

Augustin Kramsa Vs the State of Assam — Bail and Remand | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010258642019

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln. 3284/2019

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1:AUGUSTIN KRAMSA

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S/O SRI SAMUAL KARAMSA, R/O MANTILA, DIPHU TOWN, P.S.-DIPHU, DIST-KARBI ANGLONG, ASSAM, PIN-782460

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VERSUS

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1:THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. M SARANIA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 22-11-2019

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By filing this petition under Section 439 of the CrPC, petitioner Sri Augustin Kramsa , who is in custody since 13.10.2019, has prayed for releasing him on bail in connection with Dillai P.S. Case No.37/2019, under Sections 120(B)/447/506/387/109 of the IPC read with Section 25(1-A) of the Arms Act.

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Heard Mr. M Sarania, learned counsel for the petitioner as well as Mrs. A Begum, learned Addl. P.P., Assam for the State respondent.

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The case diary called for has been produced before this court and perused.

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Page No.# 2/2

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So far the allegation in the FIR is concerned the present accused-petitioner, who is Worker of Karbi organization is providing support to some of the Naga people to take shelter to occupy the land in the Lahorijan area. It is the allegation that the present accused-petitioner used to provide protection to those persons, who tried to occupy the land by showing threat and he used to carry arms with him to the said locality.

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Today, the learned counsel for the petitioner has submitted that he has all the necessary documents to posses such arms having valid license, although the same was seized from his wife and subsequently the seized arms were given to his Zimma on production of valid documents/license, etc. Accordingly, it has been submitted that there is no illegality in carrying the arms by the petitioner.

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The petitioner is also stated to be the owner of the 800 bighas of land of which he has documents in support of his contention. From the materials in the case diary even if some sort of threatening to the witnesses is made out, but for the rest of the offences like Section 387 of the IPC and the offences under Section 25(1-A) of the Arms Act, no such material has emerged. Therefore, further custodial detention of the accusedpetitioner is not warranted.

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Accordingly, the accused petitioner named above is hereby allowed to go on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of the learned SubDivisional Judicial Magistrate, Bokajan.

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The petition stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Augustin Kramsa v. the State of Assam

Case brief

What is this about?

What did the court decide?

Augustin Kramsa v. the State of Assam

Case brief

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