Allowed

Jonmani Kalita and Anr. v. the State of Assam

Gauhati HC9 Dec 2021Bail Appln./3330/2021

Case brief

AI extract

What is this about?

This is a bail application before a Bench of Mr. Justice Suman Shyam of the Gauhati High Court. The court, noting the detention of the applicants for 45 days in a theft case, granted bail on condition of furnishing a bond with surety and remaining within the district.

What did the court decide?

Release of applicants Jonmani Kalita and Arindam Das on bail bond of Rs. 20,000/- each with one local surety each.

Jonmani Kalita and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010197322021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./3330/2021

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JONMANI KALITA AND ANR. S/O LATE HIRENDRA KALITA R/O VILL- BARKURIHA, P.O. BARKURIHA, P.S. NALARI, DIST. NALBARI, ASSAM

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2: SRI ARINDAM DAS S/O OF LATE UTSAB CHANDRA DAS R/O HENGRABARI KALI MANDIR TRINAYAN PATH

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P.S. DISPUR DIST. KAMRUP (M) ASSA

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. R SARMA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 09/12/2021

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Page No.# 2/2

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Heard Mr. R. Sarma, learned counsel for the applicants. I have also heard Mr. R.R. Kaushik, learned APP, Assam, appearing for the State, who has produced the Case Diary. The two applicants herein, were arrested on 25/10/2021 in connection with Dispur PS case No. 3875/2021 registered under section 379 of the IPC and since then, they are in custody.

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By the order dated 15/11/2021, this Court had rejected their bail application on an earlier occasion.

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From perusal of the Case Diary, I find that the CCTV footage implicates the applicants in sealing of certain articles, such as, Mobile Phones. The learned APP submits that some stolen articles are yet to be recovered.

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Be that as it may, it has also been noticed that the applicants are in custody for last 45 days.

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Considering the length of detention, I am of the view that it is a fit case where the applicants deserve to be released on bail.

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Therefore, it is ordered that the applicants, viz. (1) Sri Jonmani Kalita and (2) Sri Arindam Das shall be released on bail on furnishing bail bond of Rs. 20,000/- each with one local surety each to the satisfaction of the learned CJM, Kamrup (M), Guwahati, subject to the further condition that both the applicants shall not leave Kamrup (M) district without prior permission from the I.O. and shall appear before the IO as and when called for, in connection with the investigation of the aforesaid Police case, until such time, the investigation is completed.

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It is made clear that violation of the above conditions, may lead to cancellation of the

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bail.

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The bail application stands disposed of accordingly.

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JUDGE

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sukhamay

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Comparing Assistant

Jonmani Kalita and Anr. v. the State of Assam

Case brief

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Jonmani Kalita and Anr. v. the State of Assam

Case brief

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