In this bail application under Section 439 CrPC regarding alleged offences under Section 399 IPC and Arms Act, the High Court held that further detention was unwarranted. The court allowed the petitioner bail on Rs. 20,000 with one surety and disposed of the petition.
Petitioner released on bail of Rs. 20,000 with 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.
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GAHC010007872020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 157/2020
1:BEDANTA BORAH
S/O LATE AMULYA BORAH, R/O VILL-MAHKHARIA, BARJHAR CHOUK, P.O.-SURADI, P.S.-BARAMA, DIST-BAKSA, ASSAM, PIN-781340
VERSUS
1:THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:THE INVESTIGATING OFFICER GAHPUR P.S. CASE NO. 522/201
Advocate for the Petitioner : MR. CHARAN DEKA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
12-02-2020.
By filing this petition under Section 439 of the CrPC, petitioner Bedanta Borah who is in custody since 08.11.2019, has prayed for releasing him on bail in connection with Gohpur P.S. Case No.522/2019, under Section 399 of the IPC, read with Section 25(1)(A)/27 of the Arms Act.
Heard Mr. C. Deka, learned counsel for the petitioner and Mr. N.J. Dutta, learned Addl.P.P., Assam for the State respondent and perused the record and the case diary.
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The accused person was arrested on 06.11.2019, in the present case on the allegation that he along with four others were found in a vehicle at night hours and the police patrolling party also recovered one empty cartridge of 303 riffles, 3 cartridge of .9 mm pistol, one degar, five mobile phones and one cap of police inspector. It was suspected that they might have prepared for committing dacoity.
The case diary reveals that apart from recovery of those articles, nothing emerges to reveal that the accused persons were preparing for dacoity with the aforesaid seized articles, which are also no enough without there being any riffle to use the said cartridge, to commit the offence u/s.399 of the IPC.
Considering the materials in the case diary and the length of detention, it can be found that further detention of the accused person is unwarranted.
Accordingly the accused person named above is allowed to go on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of the learned SDJM, Gohpur, in connection with the Gohpur P.S. Case No.522/2019.
The bail petition stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether respondent petitioner is eligible for bail under Section 439 of the CrPC.
Whether further detention of the accused person is warranted given the case diary materials and length of custody.
3 provisions across 3 enactments
Bedanta Borah
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
