Bail application in a theft case was dismissed. The court rejected bail prayer based on the petitioner's identified complicity in the theft of a vehicle and ongoing investigation for recovery of the vehicle and other accused.
Bail application is rejected at this stage.
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GAHC010011082020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 190/2020
1:MOKIBUL ISLAM
S/O- ABDUL HUSSAIN, R/O- VILL- KUKILA MOULABI PARA, P.SABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN- 799285
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. T SOM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 11-02-2020
This is an application, under Section 439 CrPC, filed by the petitioner, namely, Mokibul Islam, seeking bail in connection with Barpeta Road P.S. Case No. 709/2019 registered u/s. 379 IPC.
Heard learned counsel for the accused-petitioner as well as Mr. NJ Dutta, learned Additional P.P., Assam, appearing on behalf of the State respondent.
Perused the case record and the case diary.
One Mahindra Bolero vehicle bearing Registration No. 15 L 6789 was stolen from the premises of the informant. Investigation reveals that although vehicle was not recovered but
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from the CCTV footage, the miscreants i.e. three accused persons including the present accused-petitioner, have been identified, who had committed the offence.
I.O. of the case is still investigating the matter for nabbing the other accused persons associated with the offence and also for recovery of the vehicle in question.
Considering all above, complicity of the present petitioner is suggested and accordingly, bail prayer is rejected, at this stage.
The application stands dismissed.
Return the case diary.
JUDGE
Milansinha
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the petitioner in a theft case under Section 379 IPC
Whether the petitioner's complicity in the offence as identified by CCTV footage warrants rejection of bail
1 provisions across 1 enactments
Mokibul Islam
The State of Assam Rep. by the PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
