This bail application was disposed of allowing regular bail to the applicant who had been in judicial custody for 59 days. The court granted bail subject to standard conditions including non-interference with investigation and non-contact with the victim.
Grant of bail on submitting a bond of Rs. 5,000 with one surety subject to standard conditions.
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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GAHC010111082022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1339/2022
SUKUMUDDIN
S/O- SAHAR UDDIN, R/O- SAINIK NAGAR, MANDIRA N.C., P.O. AND P.S. BOKO, DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
Advocate for the Petitioner : MR. A PARAMANIK
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 15.07.2022
Heard Mr. A. Paramanik, the learned counsel for the Applicant and Mr. D.P. Goswami, the learned Additional P.P. appearing for the State.
This is an application under Section 439 of the Cr.P.C. seeking regular bail by the Applicant Sukumuddin in connection with Boko Police Station Case No. 255/2021 registered under Sections 448/376 of the I.P.C.
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I have heard the learned counsel for the Applicant as well as the learned Additional P.P. I have also perused the case diary and the statement of the victim.
It is noticed that the Applicant has been in judicial custody since 18/05/2022, i.e. for 59 days.
Considering the materials available in the CD and taking note of the fact that the Applicant is in custody for 59 days, this Court is inclined to grant bail to the Applicant above-named. Accordingly, it is directed that the Applicant Sukumuddin shall be released on bail on furnishing bail bond of Rs. 5,000/(Rupees five thousand) with one surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Boko subject to the following conditions:-
2.The accused applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
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The bail application stands disposed off accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused in the facts and circumstances of the case.
2 provisions across 2 enactments
Sukumuddin
The State of Assam
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
