In a bail application under Section 399/353 IPC, the Gauhati High Court held that since the case diary lacked material against the applicants who were arrested on mere suspicion, further custodial detention was unjustified.
Bail allowed on furnishing a bond of Rs.30,000 each and one local surety of like amount.
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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GAHC010155032021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2527/2021
AJIRON NESSA AND ANR W/O MANOWAR HUSSAIN VILL- NO. 3 KANDHBARI P.S. MUKALMUA DIST. NALBARI, ASSAM
2: MD BAHARUDDIN AHMED S/O LATE HOKAI ALI VILL- KARIMGANJ MUNICIPALITY W/NO. 2 P.S. AND DIST. KARIMGANJ ASSA
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A T SARKAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 07/10/2021
Heard Mr. A.T. Sarkar, learned counsel for the applicants. I have also heard Mr. B.B.
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Gogoi, learned APP, Assam, appearing for the State, who has produced the case diary.
I have perused the same.
The applicants in this case were arrested on 18/09/2021 in connection with Mukalmua PS case No, 448/2021 registered under Section 399/353 IPC.
From the Case Diary, it appears that the applicants have not committed any offence but they were arrested merely on suspicion that they were preparing to commit dacoity. Since there is no material against the applicants in the Case Diary, further custodial detention of the two applicants is deemed to be uncalled for in this case.
As such, it is hereby ordered that the applicants, viz. Ajiron Nessa and Md. Baharuddin Ahmed
be forthwith released on bail on furnishing a bond of Rs.30,000/- each and one local surety
each of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari, Assam.
Bail application stands disposed of.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether two applicants arrested on suspicion of preparing to commit dacoity without material in the case diary can be released on bail.
1 provisions across 1 enactments
State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
