Petitioners in custody prayed for regular bail under Section 439 CrPC. The Court observed recovery of stolen battery made subsequent arrest regarding scooty documents unrelated to FIR facts, holding further detention unnecessary.
Regular bail of Rs. 20,000 with one surety of like amount to C JM Kamrup (M) Guwahati.
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GAHC010219612021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3611/2021
RIKU BORO AND ANR S/O NIRESH BORO R/O NAZIRAKHAT, P.S. SONAPUR DIST. KAMRUP (M), ASSAM
2: SRI ANKUR PATOR S/O AMRENDRA PATOR R/O NAZIRAKHAT P.S. SONAPUR DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R BORUAH
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
20.12.2021.
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By filing this petition under Section 439 of the CrPC, the two petitioners namely: Riku Boro and Ankur Pator, who are in custody since 29.11.2021, have prayed for releasing them on regular bail in connection with Sonapur P.S. Case No.790/2021, under Section 380 of the IPC.
Heard the learned counsel for both sides and perused the record.
According to the FIR, two unknown persons came to the shop premises of the informant on 28.11.2021 and subsequently it was found that those two persons lifted a battery from his shop premises and the battery was recovered from the possession of those persons, at the behest of the local people, on the same very day from Alen Boro, Gautam Medhi and Nitul Boro. Subsequently the present accused/petitioners were also arrested, as they could not produce the relevant documents, pertaining to the scooty they were riding, which is also suspected to be stolen one.
In view of the allegation in the FIR, the battery that was stolen has already been recovered and the subsequent arrest of the accused/petitioners appears to have no bearing with the facts in the present FIR.
Considering all entirety, this Court is of the opinion that further detention of the accused/persons can be dispensed with. Accordingly each of the accused/petitioners, named above, are 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 Sonapur P.S. Case No.790/2021.
The bail petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner deserves release on regular bail from fixation pending investigation in theft case.
1 provisions across 1 enactments
Riku Boro and Ors.
State of Assam Rep. by the PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
