In a regular bail application, the Gauhati High Court observed that investigation was nearly complete and release would not hamper it. The court consequently granted bail requiring a surety.
Bail granted to accused with limit of Rs. 20,000 and one surety of like amount.
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.
Page No.# 1/2
GAHC010006192020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 117/2020
1:ASHAN ALI
S/O LT. HABIBAR RAHMAN, VILL-CHILARVITA, P.O.-TULSHIBHARI, P.S.LAKHIPUR, DIST-GOALPARA, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 27-02-2020
By this application under Section 439 CrPC, petitioner, namely, Ashan Ali, who was arrested on 22.12.2019, has prayed for granting him regular bail, in connection with Lakhipur PS Case No. 734/2019, under Sections 341/397 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the FIR.
Today, the Case Diary has been produced. Perused the same.
Case Diary reveals that the accused petitioner along with 7 (seven) others had forcibly taken away certain amount from the informant and his companion by assaulting them on the way when they were returning from their duty. According to FIR, there is assault, but, however, there appears no such
Page No.# 2/2
injury report of any of the aggrieved person nor any recovery is made.
Considering all entirety of the matter and also the factum of detention, it can be inferred that as the investigation has almost completed, release of accused will not hamper the investigation. Accordingly, accused petitioner, aforesaid, is allowed to go on bail of Rs. 20,000.00, with one surety of the like amount, to the satisfaction of learned CJM, Goalpara.
Bail Application stands disposed of.
Return the Case Diary.
Comparing Assistant
1 issue framed by the court
Whether regular bail should be granted to the accused in view of completed investigation.
1 provisions across 1 enactments
Ashan Ali
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
