This court rejected a bail application filed under Section 439 CrPC. The petitioner, arrested for alleged involvement in a 2015 dacoity, claimed non-involvement. The court, noting the seriousness of the charge and suggested complicity, denied bail.
Bail application rejected.
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GAHC010010192020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 170/2020
1:MD. AJIJUL ALI
S/O MD. ABUL ALI, R/O VILL-KARDOITOLA, P.S.-NALBARI, DIST-NALBARI, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR N J DAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 11-02-2020
By this application under Section 439 CrPC, petitioner, namely, Md Ajijul Ali, who was arrested on 25.12.2019, has prayed for granting him regular bail, in connection with Gorchuk PS Case No. 454/2015, under Sections 395/397 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
Learned counsel submitted that the incident is of the year 2015 and now the petitioner has been arrested in the year 2019. He further submits that he is in no way involved in the offence of dacoity.
I have gone through the materials in the Case Diary.
The matter relates to committing of dacoity in the office of Gati Limited (transport service),
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situated at Garchuk (Service Road). On 19.09.2015, six unknown persons armed with dao and handmade pistols entered the office of Gati Limited and looted Rs. 14,89,605 from the office locker and also looted away 10 numbers of mobile hand-sets along with 14 numbers of sim cards.
Case Diary reveals that one of the accused was apprehended, who admitted his guilt and also implicated the present petitioner to be involved in the aforesaid incident. As the accused person could not be apprehended earlier and was absconding, he was, subsequently, apprehended on his surrender.
Taking note of the fact that the matter relates to a serious dacoity and the complicity of the present petitioner is also suggested, this Court is not inclined to grant bail to the accused petitioner at this stage. Accordingly, the bail application stands rejected.
Return the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused petitioner in a dacoity case where complicity is suggested but no direct evidence is adduced.
1 provisions across 1 enactments
MD. AJIJUL 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
