The Gauhati High Court allowed an application for bail under Section 439 Cr.P.C. The court held that further custodial detention of the petitioner was not necessary for investigation and granted bail subject to standard conditions.
Petitioner enlarged on bail of Rs. 20,000/- with a suitable surety of the like amount.
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GAHC010004702020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 92/2020
1:AZIBAR RAHMAN S/O. SAHAR ALI, VILL. ASIRIKANDI (MADAI KHALI), P.S. GAURIPUR, DHUBRI, ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. A A R KARIM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 10-01-2020
Heard Mr. AAR Karim, learned counsel for the petitioner and Mr. H Sarma, learned Addl. PP, Assam.
This is an application under Section 439 Cr.P.C. praying for bail of the accused petitioner, namely, Azibar Rahman, who is in detention in connection with Gauripur PS Case No.1380/2019 corresponding to GR No.5767/2019 under Sections 420/406/409/468/120(B) IPC.
Perused the case diary and the documents annexed therewith.
The petitioner was arrested on 22.11.2019 and since then he is in custody.
Having considered the nature of allegations made in the FIR and the length of detention, this
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Court is of the view, that further custodial detention of the petitioner is not necessary for the purpose of investigation. Accordingly, the accused/petitioner above named is allowed to be enlarged on bail of Rs.20,000/- with a suitable surety of the like amount to the satisfaction of the learned CJM, Dhubri subject to the following conditions:-
The bail application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant bail to the accused petitioner in a case involving cheating, forgery, and criminal conspiracy.
Whether further custodial detention is necessary for the purpose of investigation.
2 provisions across 2 enactments
Azibar Rahman
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
