Single judge order granting bail to Mainul Ali in a criminal case involving sections 307, 395, 326, 325, and 384 IPC. Bail fixed at Rs. 20,000 along with one surety due to the length of detention and nature of injuries.
Release on bail of Rs. 20,000 with one surety of like amount to the satisfaction of learned CJM, Kamrup (R).
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.
Page No.# 1/2
GAHC010013422020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 235/2020
1:MAINUL ALI @ MOINUL
S/O LATE MD. BOGA ALI, R/O VILL-AGGATHURI, P.O.-DARARA, P.S.-HAJO, DIST-KAMRUP(R), ASSAM, PIN-781104
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. R Deka
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
17-02-2020.
By filing this petition under Section 439 of the CrPC, petitioner Mainul Ali @ Moinul , who is in custody since 16.01.2020, has prayed for release him on bail in connection with North Guwahati P.S. Case No.165/2019, under Sections 307/395/326/325/384 IPC.
Heard learned counsel for the parties and perused the case diary produced.
The present petitioner Mainul Ali is not named by any of the injured as well as the other witnesses. Injuries sustained are of simple in nature and there appears nothing to attract the offence under Sections 307 and 384 IPC.
Page No.# 2/2
In view of the length of detention and the nature of offence, the accused person named above is allowed to release on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of learned CJM, Kamrup (R).
The bail petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner Mainul Ali should be released on bail in connection with Sections 307/395/326/325/384 IPC.
Whether the lack of injury naming the petitioner and simple nature of injuries warrants bail.
Whether the bail requirement should be fixed given the length of detention.
1 provisions across 1 enactments
MAINUL ALI @ MOINUL
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
