Single judge of the Gauhati High Court rejected a bail application under Section 439 Cr.P.C. citing sufficient incriminating materials in the case diary and the gravity of the offence under Sections 198(A)/302 IPC.
Bail application rejected; applicant granted liberty to file afresh at a later stage.
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GAHC010119042022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1425/2022
BUDDI MONDAL @ BUDHI MONDAL @ MUDDHA MANDAL S/O LT. KHUSI MONDAL R/O VILL- NO. 3 DONGARGAON P.S. TAMULPUR DIST. TAMULPUR, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 08-07-2022
Heard Mr. B Chowdhury, learned counsel for the applicant and Mr. R.J. Baruah, learned Addl. PP, Assam.
This is an application under Section 439 Cr.P.C. praying for bail of the accused applicant, namely, Sri Buddi Mondal @ Budhi
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Mondal @ Buddha Mandal , who is in detention in connection with Tamulpur PS Case No.112/2022 (corresponding to GR Case No.397/2022) under Sections 198 (A)/302 IPC.
Perused the FIR and the case diary produced today. The applicant was arrested on 05.06.2022 and since then he is in custody.
The case diary transpires sufficient incriminating materials against the applicant. Having considered the materials in the case diary and the gravity of offence, the prayer for bail stands rejected at this stage with a liberty to the applicant to file afresh at later stage.
The bail application stands dismissed. Send back the case diary
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused charged under Sections 198(A) and 302 IPC given sufficient incriminating materials found in the case diary.
Whether the applicant is eligible to file a fresh bail application at a later stage.
2 provisions across 2 enactments
Buddi Mondal @ Budhi Mondal
State of Assam
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
