Allowed

Md. Abdul Barik v. the State of Assam

Gauhati HC1 Sept 2020Bail Appln./1696/2020

Case brief

AI extract

What is this about?

This order grants bail to the petitioner in a case under Section 379 IPC. The court noted the petitioner was not in the FIR, arrested only due to association with the main accused who is already in custody, the stolen car was recovered, and the prosecution raised no serious objection. Bail was conditioned upon a bond of Rs. 1,00,000.

What did the court decide?

Petitioner released on bail on furnishing a bail bond of Rs. 1,00,000/- with one surety of the like amount subject to specified conditions.

Md. Abdul Barik Vs the State of Assam — Cheating and Forgery | Gauhati HC (2020)

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GAHC010114232020

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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. 1696/2020

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1:MD. ABDUL BARIK

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S/O- LT. IRFAN ALI, R/O- FOREST KONAKATA (PART-II), P.S. RANGJULI, DIST.- GOALPARA, ASSAM, PIN- 78

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VERSUS

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1:THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR P SHARMAH

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE N. KOTISWAR SINGH O R D E R

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01.09.2020

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The Court proceedings have been conducted through Video-Conference.

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2 . Heard Mr. P. Sharma, learned counsel for the petitioner. Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam.

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3 . By this application filed under Section 439 of the Cr.PC, the petitioner, namely, Md. Abdul Barik, is praying for grant of bail in connection with Azara Police Station Case No.153/2020 under Section 379 of the Indian Penal Code.

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4. Though this application has been moved today only and today is the first day of motion, it has been submitted by learned counsel for the petitioner that similarly situated person, namely one Ajoy Biswas who was arrested in connection with the same FIR, has already been released by this Court in BA No.1603/2020 filed by the said Ajoy Biswas, which

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was disposed of on 20.08.2020.

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5. This Court had granted bail to aforesaid Ajoy Biswas primarily on the ground that the main accused, namely, Rajiv Kumar Singh, in the said case has already been arrested by the police and is in the custody. Moreover, the name of the petitioner did not find mention in the FIR and the petitioner was arrested merely on suspicion because of his association with the aforesaid Rajiv Kumar Singh.

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6. It has been submitted that in the present case also, situation is similar as the main accused is Rajiv Kumar Singh and the name of the petitioner has not been mentioned in the FIR and the petitioner has been arrested merely because of his association with the said Rajiv Kumar Singh.

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7. Learned Addl. Public Prosecutor, Assam has not raised any serious objection to the grant of bail to the petitioner.

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8. Having heard learned counsel for the parties and on perusal of the materials on record and also considering the fact that the main accused has been arrested and is presently in judicial custody and since the petitioner has been in custody since 15.07.2020 in connection with the aforesaid case and his name is not reflected in the FIR and also considering the fact that the stolen car has already been recovered as stated by learned counsel for the parties, the present application is allowed.

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8. The petitioner be released on bail on furnishing bail bond of Rs.1,00,000/- with one surety of the like amount subject to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M) with the following conditions:-

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( I ) That the petitioner shall inform any change of address/his station to the Investigating Officer of the case and also shall present himself before the I.O. as and when directed to do so;

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( II ) That the petitioner shall cooperate with the investigation and will not do anything to intimidate or influence the witness or destroy the evidence, failing which this order may be liable to be recalled;

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( III ) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any 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.

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9 . Bail Application stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Md. Abdul Barik v. the State of Assam

Case brief

What is this about?

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Md. Abdul Barik v. the State of Assam

Case brief

What is this about?

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