Allowed

Ayub Khan v. the State of Assam

Gauhati HC17 Nov 2020Bail Appln./2126/2020

Case brief

AI extract

What is this about?

Justice R.K. Phukan allowed bail for the accused in a cheating case where the deceased co-accused died by suicide. The court found no evidence attracting abetment to suicide. Bail granted on ₹20,000 bond with one surety as investigation needs and detention length did not preclude release.

What did the court decide?

releaed on bail on furnishing a bond of Rs.20,000/- with one suitable surety.

Ayub Khan Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2020)

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GAHC010142042020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./2126/2020

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AYUB KHAN

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S/O TRISH KHAN, R/O VILL-SARIHAKUCHI, P.O.-NAGAON, P.S.SARTHEBARI, DIST-BARPETA, ASSAM, PIN-781311

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. J A AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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17-11-2020

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By this application under Section 439 Cr.P.C. , the accused-petitioner, namely, Ayub Khan has sought for bail in connection with Sarthebari Police Station Case No. 287/2020 ( corresponding G.R. case No. 3573/2020 ) registered under Section 302/120(B) IPC.

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Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, appearing for the State. Also perused the materials on record and the case diary.

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Perused the case diary as it reflects that on 29.07.2020 Mainal Ali went to take Rs. 6,00,000/-

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Page No.# 2/2

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in the house of the present petitioner who is his father-in-law with an intention to purchase a vehicle. But the present petitioner refused to return the money and on the very next day he found hanging inside the house of the present petitioner. The Postmortem report also reveals that the cause of death is suicidal hanging (Asphyxia). However, nothing emerges from the case diary, against the accused-petitioner, so as to attract the offence under section 306 IPC .

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Having regard to the materials on record and the length of detention and the factum of recovery etc. it can be inferred that release of accused at this stage will not hamper the investigation and also he is in custody since 29.08.2020. Accordingly, the accused petitioner is hereby allowed to go on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Barpeta.

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In terms of the above, this bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Ayub Khan v. the State of Assam

Case brief

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Ayub Khan v. the State of Assam

Case brief

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