The Gauhati High Court granted bail to the accused, Nekibar Rahman @ Nakul, arrested under Section 380 IPC for theft, allowing him to go on bail of Rs. 20,000 with one surety due to lack of solid evidence and length of detention.
Accused allowed to go on bail of Rs. 20,000 with one 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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GAHC010164242021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2685/2021
NEKIBAR RAHMAN @ NAKUL SON OF BOKTAR ALI R/O VILL- BARUAPATHAR, MANDIRA P.S. BOKO DIST. KAMRUP (R), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR S CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
02.11.2021
By this application under Section 439 CrPC, petitioner, namely, Nekibar Rahman @ Nakul, who was arrested on 11.09.2021, has prayed for granting him regular bail, in connection with Boko PS Case No. 639/2021, under Section 380 IPC.
Heard the learned counsel for both the sides.
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Also perused the record and Case Diary.
The accused was arrested on 11.09.2021 as one Glamour Motor Cycle was recovered from the possession of the accused person, suspected to be stolen one, whereas, the vehicle stolen from the informant was a different one, i.e., Pulsar 150 DTS-1 (1). The accused was arrested solely on the basis of suspicion, that he might have been involved in such theft matter.
Considering all entirety of the matter and the length of detention, this Court is of the opinion that further custodial detention of the petitioner can be dispensed with. Accordingly, the accused petitioner is allowed to go on bail of Rs. 20,000.00, with one surety of the like amount, to the satisfaction of learned JMFC, Boko, Kamrup.
Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
1 provisions across 1 enactments
Nekibar Rahman @ Nakul
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
