The Gauhati High Court granted regular bail to the petitioner in a cheating and criminal breach of trust case where he was alleged to be an associate involved in recovering a rental motor cycle to its owner.
Petitioner allowed to go on regular bail of Rs. 20,000 with one surety of like amount.
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GAHC010170452021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2820/2021
RAJESH KUMAR
S/O LATE BIRTHU URANG, R/O RANGAPARA, TARAGULI BAGAN, P.S.RANGAPARA, DIST-SONITPUR, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR B P BORAH
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
01.11.2021
By filing this petition under Section 439 of the CrPC, the petitioner, namely- Rajesh Kumar who is in custody since 13.09.2021, has prayed for
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releasing him on regular bail in connection with Noonmati P.S. Case No.603/2021, registered under Section 406/420 IPC.
Heard learned counsel for both sides and perused the Case Diary as well as the documents so annexed.
The allegation in the FIR is that one Arup Sharma took one motor cycle bearing Registration No.AS-01, BV 9489 on rental basis on 10.09.2021 from the informant, but the same was not returned nor rent was paid and the said accused person’s modus operandi was to lift the vehicle in a fraud manner. The present petitioner Rajesh Kumar is stated to be associated with said Arup Sharma, but however, at the instance of the present petitioner, the vehicle taken away by Arup Sharma, was recovered, by the informant.
Considering all entirety and the length of detention, the accused petitioner named above is allowed to go on regular bail of Rs.20,000/- with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, Assam in connection with the aforesaid case.
The bail application stands disposed. Return the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to release on regular bail in a cheating case involving recovery of stolen property.
1 provisions across 1 enactments
RAJESH KUMAR
STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
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