Rahul Bezbaruah applied for bail under Section 439 CrPC in a murder case where the deceased died due to respiratory problems without injuries. The court found no evidence of the applicant's involvement and granted bail.
Bail granted to the accused with one surety of Rs. 20,000.
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GAHC010148072020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2211/2020
RAHUL BEZBARUAH
S/O- SRI KESHAB BEZBARUAH, VILL.- SANIYADI (BEZPARA), MOUZARAMDIYA, P.S. HAJO, DIST.- KAMRUP, ASSAM.
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR. A AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 12-11-2020
By this application under Section 439 CrPC, petitioner, namely, Rahul Bezbarua, has prayed for granting him regular bail, in connection with Hazo PS Case No. 847/2020, under Sections 302 of IPC.
Heard the learned counsel for both the sides.
Also perused the record and the case diary
As per the allegation the present accused person and son of informant were accompanied in a scooty and both
are cousin brother and on the next day, it was informed that son of the informant found death in GNRC. The case diary indicates that the deceased accompanied accused petitioner as a cousin brother and after delivery of medicine in
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a shop, while returning the deceased felt some physical illness for which, the accused petitioner stop the vehicle on the road and took him to the GNRC and after giving some treatment he died in the hospital. One of the eye witnesses has also supported the contention that while the deceased was found ill, he was immediately taken to the hospital, where he died after sometime. Medical report also reflects that there was no injury on the person of the deceased and he died for respiratory problem (cause of death). Thus, it reveals that nothing emerges to suggest the involvement of the petitioner in the offence alleged. Consedering entirety of the matter, this court is of the opinion that further detention of the accused person is unwarranted.
Having regard to the submissions made above and the length of detention, and as a matter of parity, the accused petitioner, aforesaid, is hereby allowed to go on bail of Rs. 20,000.00, with one surety of the like amount, to the satisfaction of learned Judicial Magistrate, 1ST Class, Hajo.
Bail Application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the applicant is entitled to regular bail in a murder case involving respiratory causes and no injuries on the deceased.
Whether the length of detention warrants the grant of bail.
2 provisions across 2 enactments
RAHUL BEZBARUAH
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
