In a bail application under Section 439 CrPC regarding an FIR under Sections 326/307 IPC for attempted killing with a firearm, the Gauhati High Court rejected the petition considering the nature of allegations and materials in the case diary.
Bail application rejected; Case Diary returned.
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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GAHC010013292020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 211/2020
1:MOON BASUMATARY
S/O SHRI MICHAEL BASUMATARY, R/O GOSAIGAON, JOYNAGAR, WARD NO. 4, P.S.-GOSAIGAON, DIST-KOKRAJHAR, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. T DEURI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 10-02-2020
By this application under Section 439 CrPC, petitioner, namely, Moon Basumatary, who is in custody since 01.01.2020, has prayed for granting him regular bail, in connection with Jengraimukh PS Case No. 1/2020, under Sections 326/307 IPC.
I have heard the submissions of learned counsel for both the sides.
Also perused the record, FIR and the Case Diary.
The materials in the Case Diary reveals that as per the statements made by the witnesses, the accused person, by his fire arms has made a gunshot to the informant, Joydev Nath, which has hit his person, but could not yield any serious injury. However, the fact remains that the accused by his own
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fire arms attempted to kill his colleague.
Considering the nature of allegations and the materials available in the Case Diary, 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 in custody for offences under Sections 326/307 IPC involving an attempted firearm killing.
2 provisions across 2 enactments
Moon Basumatary
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
