Single-judge order rejecting bail application. The Gauhati High Court examined the case diary and, finding the petitioner's complicity in the alleged offence of snatching money, rejected the prayer for bail under Section 439 CrPC.
Bail prayer rejected.
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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GAHC010148582020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2225/2020
MUKHTAR HUSSAIN MAZUMDER
S/O ASMAN ALI MAZUMDER, R/O VILL-BONDHUKMARA, P.S. AND DISTHAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. I H BARBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
18.11.2020
By this application under Section 439 CrPC, petitioner, namely, Mukhtar Hussain Mazumder, who is in custody since 05.10.2020, has prayed for granting him regular bail in connection with Garchuk PS case No. 539/2020, under Sections 420/384/34 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
Case Diary indicates the complicity of the present petitioner in the offence alleged and the petitioner in a designed manner committed the offence of snatching away the money from the
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informant.
Considering all entirety of the matter and the complicity of the petitioner in the offence alleged, the bail prayer of the petitioner is rejected at this stage.
Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted under Section 439 CrPC in a case involving cheating, extortion, and snatching of money.
Whether the petitioner's complicity in the alleged offence warrants rejection of bail at this stage.
1 provisions across 1 enactments
Mukhtar Hussain Mazumder
The State of Assam represented by the Public Prosecutor, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
