Petitioner applied for bail in a theft case. The court found further custodial detention unnecessary as the evidence only showed suspicious movements at work. The court granted bail on Rs. 10,000.
Release of petitioner on bail of Rs. 10,000 with one local surety of the like amount.
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GAHC010298142019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 3894/2019
1:PRAVEEN KUMAR YADAV S/O- SRI JAY PRAKASH YADAV, R/O- VILL- KUHIYA, P.O AND P.SSARAIKHUAJA, DIST- JAUNPUR (UP), PIN- 222112
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. D P BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE
THE HON’BLE MR JUSTICE MANISH CHOUDHURY O R D E R
17. 12. 2019
Heard Mr. D P Borah, learned counsel for the petitioner. Also heard Mr. M P Goswami, learned Additional Public Prosecutor for the State.
By this application U/s 439 of the Cr.P.C. the petitioner namely, Praveen Kumar Yadav has prayed for his release on bail in connection with Azara P.S. Case No. 779/2019 registered under Section 379, IPC. The FIR, lodged on 12.11.2019 by the Manager Operation to the informant company, M/s Load Share Network (P) Limited is to the effect that they offer transportation service to one Instakart Services Private Limited, commonly known under the brand name “Flipkirt”, and during the period from 10.10.2019 to 11.10.2019, their client
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reported loss/ theft/ shortage in respect of shipments/ begs carried by a vehicle bearing registration No. AS-01 KC-7458 when it proceeded from Azara to various locations. Alleging some suspicious movements of the said vehicle and tempering of shipments, the FIR was lodged stating that the articles amounting to about Rs. 3,73,676/- were found missing and the FIR was lodged against the vehicle with the indication that the driver, on duty, would be able to throw lights in respect of such loss/ theft/ shortage of shipments/ begs. The petitioner herein is an employee of one M/s RK and Company Manpower (P) Ltd. another company which is involved in the process of delivering the goods on behalf of “Flipkirt” and it manages the Facilitation Centre which stocks the goods for “Flipkirt”. The petitioner is in the duty of inventory management for M/s R.K. and Company Manpower (P) Ltd. The forwarding report mentioned that the CCTV footage dated 11.11.2019 detected some suspicious movement of the petitioner picking up mobile handsets and placing them in some empty cartoons. The petitioner is in custody since 27.11.2019 and he has been thoroughly interrogated. Apart from his suspicious movement in the place of his employment nothing further is available in the case diary as to whether he was involved in the loss/ theft/ shortage during transportation whereas the FIR indicates that the loss/ theft/ shortage in the shipments/ begs took place during transportation
Upon due consideration of the aforesaid facts and the materials available in the case diary and the period for which the petitioner has been in custody, I am of the opinion that further custodial detention of the petitioner for the purpose of further investigation of the case is not necessary and his release at this stage of investigation is unlikely to hamper the further investigation of the case. Accordingly, the petitioner is allowed to be enlarged on bail of Rs. 10,000/- with one local surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, subject to the following conditions:
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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.
This bail application stands disposed of with the aforesaid terms.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner should be released on bail to investigate a theft charge.
Whether futher custodial detention is necessary for the investigation.
The terms and conditions precedent to the grant of bail.
1 provisions across 1 enactments
Praveen Kumar Yadav
The State of Assam Rep. by the PPC
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
