In this bail application under Section 439 CrPC, the Gauhati High Court granted regular bail to the petitioner, who had been in custody since December 7, 2019, noting that the charge-sheet period had elapsed.
Directed to furnish a bail bond of Rs. 20,000/ with one surety of the like amount to the learned CJM, Kamrup (R), Amingaon.
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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GAHC010002102020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 30/2020
1:KAPIL DAS
S/O SRI NARAYAN DAS, R/O VILL-BHABANIPUR, OUGURI PATH, P.S. AND P.O.-CHAYGAON, DIST-KAMRUP(R), ASSAM, PIN-781124
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. B BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 04-02-2020
Heard Mr. B. Borah, learned counsel for the accused-petitioner as well as Mr. NJ Dutta, learned Additional P.P., Assam, appearing on behalf of the State/respondent.
By this application, under Section 439 CrPC, the petitioner, namely, Kapil Das, has prayed for regular bail in connection with Chaygaon PS Case No. 1133/2019 registered u/s 380 IPC.
Perused the case records, FIR and documents annexed.
It is stated at the bar that the accused was arrested on 06.12.2019 and produced
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before the court on 07.12.2019 and since then he is behind the bar.
Learned Addl. P.P. also submitted that charge-sheet is not submitted and the statutory period has already elapsed.
Considering above, the accused-petitioner, named above, is allowed to go on bail in connection with the aforesaid case, on furnishing bail bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned CJM, Kamrup (R), Amingaon.
The application stands disposed.
JUDGE
Milansinha/
Comparing Assistant
1 issue framed by the court
Whether to grant regular bail to the accused in connection with the FIR registered u/s 380 IPC, given the elapsed charge-sheeting period.
1 provisions across 1 enactments
KAPIL DAS
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
