Allowed bail to three accused persons in a theft case involving Section 379 IPC, noting discrepancies in the FIR and forward report. Arrested on mere suspicion; granted bail upon furnishing a bond of Rs. 15,000 each with two sureties.
Bail allowed on furnishing a bond of Rs. 15,000 each with two suitable sureties each of like amount.
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GAHC010004192019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 56/2019
1:FAZNUR ALI AND 2 ORS.
S/O. MD. AJGAR ALI, VILL. BAITAMARI, P.S. TAMULPUR, DIST. BAKSA, ASSAM.
2: MD. RABUL ALI
S/O. MD. BABUL ALI VILL. BAITAMARI P.S. TAMULPUR DIST. BAKSA ASSAM.
3: MD. NUR HUSSAIN
S/O. MD. SAMSER ALI VILL. DAKSHIN KUMARIKATA P.S. TAMULPUR DIST. BAKSA ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. A K AZAD
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 10-01-2019
This is an application, filed under Section 439 Cr.PC, praying for bail of the accused-petitioners, namely, 1) Faznur Ali, 2) Md. Rahul Ali, and 3) Md. Nur Hussain, in connection with Barbari PS Case No. 72/2018 under Section 379 IPC.
Heard Mr. A.K. Azad, learned counsel for the accused-petitioners as well as Mr. K. Konwar, learned Additional Public Prosecutor for the state respondent.
The contents of the FIR and the forwarding report are found to be different on context. That apart, the accused-petitioners were arrested on the basis of mere suspicion in view of the fact there are some other cases of commission of theft are pending against them. In the meantime, the accused-petitioners have been in custody w.e.f. 12.12.2018, and as such, for a period of 29 days as on date. Considering the above, the prayer for bail of the accused-petitioners is allowed
The accused-petitioners are granted bail on their furnishing a bail bond of Rs. 15,000/- each with two suitable sureties each of like amount to the satisfaction of the learned Chief Judicial Magistrate, Baksa, on the following conditions :
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inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.
The bail petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be allowed to the accused-petitioners in view of discrepancies in the FIR and forwarding report and lack of sufficient evidence to warrant arrest.
2 provisions across 2 enactments
Faznur Ali and 2 Ors.
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
