The Gauhati High Court dismissed a bail application. The court relied on CC TV footage showing stolen articles recovered from the applicants' custody and the ongoing investigation as grounds to hold the case unfit for bail.
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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GAHC010181752021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3065/2021
JONMANI KALITA AND ANR SON OF LATE HIRENDRA KALITA R/O VILL- BARKURIHA, P.O. BARKURIHA, P.S. NALBARI, DIST. NALBARI, ASSAM
2: SRI ARINDAM DAS SON OF LATE UTSAB CHANDRA DS R/O HENGRABARI KALI MANDIR TRINAYAN PATH P.S. DISPUR DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, STATE OF ASSAM
Advocate for the Petitioner : MR. P P BARUAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 15/11/2021
Heard Mr. P.P. Baruah, learned counsel for the applicants. I have also heard Mr. D. Das, learned
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APP, Assam, appearing for the State, who has produced the Case Diary.
Perused the Case Diary.
The Case Diary goes to show that from the CC T.V. footage, it has come out that the applicants have not only stolen the articles but some of the articles have also been recovered from their custody .
The Learned APP submits that the process of investigation is still on and, therefore, release of the applicants at this stage may hamper the investigation.
Having regard to the facts and circumstances of the case as well as the materials available in the Case Diary, I am of the view that the present is not a fit case for granting bail to the applicants at
this stage.
As such, the bail application stands rejected.
JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the applicants at the present stage.
Jonmani Kalita & Anr
The State of Assam Rep. by the PP, State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
