High Court habeas corpus bail application under Section 439 Cr.P.C. rejected. Court held sufficient incriminating materials exist involving serious offence, making petitioner unfit for bail.
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GAHC010162252021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2674/2021
MOTLEB ALI S/O SOPIUL RAHMAN VILL- PIPULBARI P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM PIN-783135
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. L R MAZUMDER
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
12-11-2021
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Motleb Ali, in connection with Mankachar Police
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Station Case No. 570/2021, registered under Sections 4/5 of the E.S. Act.
Heard Mr. L.R. Mazumder, learned counsel appearing for the petitioner and Mr.
The case diary produced has been perused.
After perusal of the materials available in the case diary, it is found that there is sufficient incriminating materials against the petitioner about his involvement in this case, the offence being serious in nature.
That being so, this is not a fit case to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected .
In terms of the above, this bail application stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accuser in a case involving serious offence under E.S. Act.
Whether the sufficient incriminating materials constitute grounds for rejection of bail.
1 provisions across 1 enactments
Motleb Ali
The State of Assam
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
