The Gauhati High Court granted regular bail to the accused petitioner in a cheating case involving a vehicle. The court noted insufficient evidence linking the petitioner to the vehicle and released him after considering the length of detention.
Petitioner granted regular 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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GAHC010186432021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3149/2021
RAM KUMAR RAY @ RAI S/O BINDESWAR RAY R/O HOUSE NO. 9, BYE LANE NO. 2, JAYANAGAR, NEAR BHARAT PETROLEUM, P.S. DISPUR, DIST. KAMRUP (M), ASSAM-781005
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
16.12.2021.
By filing this petition under Section 439 of the CrPC, petitioner Ram Kumar Ray @ Rai, who is in custody since 26.10.2021 has prayed for releasing him on regular bail in connection with
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the Dispur P.S. Case No.2249/2021, under Sections 406/420 of the IPC.
Heard the learned counsel for both sides and perused the record and the case diary.
The vehicle in question was found to be run by the co-accused Basanta Dutta, as per the statement of some of the witnesses. The case diary, however does not reveal any clue as to how the vehicle reached to the hand of Basanta Dutta/the co-accused in the FIR, who eventually got the privilege of pre-arrest bail on 01.04.2021. There appears no any clear evidence as to the role played by the present accused/petitioner as regards the vehicle, which is not yet recovered.
Considering all entirety of the matter and the length of detention of the accused/petitioner since 26.10.2021, this Court is of the opinion that further custodial detention can be dispensed with.
Accordingly 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 learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, in connection with the Dispur P.S. Case No.2249/2021. The bail petition stands disposed of accordingly.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner should be released on regular bail given the lack of clear evidence regarding his role and the length of detention.
Whether further custodial detention can be dispensed with in the presence of co-accused on bail.
1 provisions across 1 enactments
Ram Kumar Ray @ Rai
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
