Allowed

Arti Shankar v. the State of Ap

Gauhati HC26 Apr 2022BA/35/2022

Case brief

AI extract

What is this about?

The Gauhati High Court considered a bail application for an accused detained for 62 days in a case where investigation was completed and charge-sheet filed. The court granted bail upon furnishing a bond of Rs. 1,00,000 with two sureties.

What did the court decide?

The accused Shri Choudhary Brajkishore Kumar @ BK Choudhary be enlarged on bail upon furnishing a bond of Rs. 1,00,000 with two sureties of like amount.

Arti Shankar Vs the State of Ap — Bail and Remand | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC040004252022

¶3

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

¶4

Case No. : BA 35/2022

¶5

1:Arti Shankar

¶6

W/o Shri Choudhary Brajkishore Kumar @ BK Choudhary. S/o Late Chaudhary Kaushiendra Kumar, House No. 1843, Gali No. 1, Shiv Colony, Karnali, Haryana Mobile No. 7870721352

¶7

VERSUS

¶8

1:THE STATE OF AP Represented by Public Prosecutor

¶9

Advocate for the Petitioner : Tabit Tapak

¶10

Advocate for the Respondent : P P of AP

¶11

BEFORE

¶12

HONBLE MR. JUSTICE ROBIN PHUKAN

¶13

ORDER

¶14

Date : 26-04-2022

¶15

This Bail Application under Section 439 of the Cr.P.C. is preferred by Smti Arti Shankar for grant of bail to the accused, namely, Shri Choudhary Brajkishore Kumar @ BK Choudhary, who has been languishing in jail hajot in connection with Banderdewa P.S. Case No. 09/2021, under Sections

¶16

Page No.# 2/3

¶17

417/418/420/34 of the Indian Penal Code, since 23.02.2022.

¶18

Heard Mr. T. Tapak, learned counsel for the accused. Also heard Mr. U. Bori, learned Additional Public Prosecutor for the State respondent.

¶19

Mr. Tapak, learned counsel for the accused, submits that the accused was arrested on 23.02.2022 and since then, he has been languishing in jail hajot and till date, he has completed 62 days in custody and the mandatory period of detention, here in this case, is 60 days, and as such, the accused is entitled to default bail.

¶20

Mr. Bori, learned Additional Public Prosecutor, producing the Case Diary before this Court, submits that the Investigating Officer has already completed the investigation and submitted Supplementary Charge-Sheet No. 41A/2022, dated 21.04.2022, before the learned Court below.

¶21

Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also the Case Diary produced before this Court.

¶22

It appears that the accused is behind the bar for more than 60 days and the investigation has already been completed and the Charge-Sheet has been laid against the accused. Now, trial will start and the accused has to prepare his defence. Since Charge-Sheet has already been submitted, there is no question of hampering the investigation or tampering the witnesses.

¶23

Page No.# 3/3

¶24

Considering the submissions of learned advocates of both sides and also considering the above aspects, it is provided that on furnishing a bond of Rs. 1,00,000/- (Rupees one lakhs) only with 2 (two) sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Yupia, accused, Shri Choudhary Brajkishore Kumar @ BK Choudhary, be enlarged on bail.

¶25

The Bail Application stands disposed of in terms above.

¶26

JUDGE

¶27

Comparing Assistant

Arti Shankar v. the State of Ap

Case brief

What is this about?

What did the court decide?

Arti Shankar v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

B. Fouress Private Limited Vs the State of Ap

Tapak Lendo Vs the State of Ap

Nalchand Ali Vs the State of Ap

Apoh @ Aphoh Naham Vs the State of Ap

Akhung Wangpan Vs the State of Ap

Aching Wangham Vs the State of Ap