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Abdul Kalam @ Abdul Kalam Laskar v. the State of Assam

Gauhati HC9 Feb 2022Bail Appln./57/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the Gauhati High Court granted bail to the accused-petitioner in a case involving offences under the Assam Forest Regulation Act and IPC, after finding further custodial detention unnecessary.

What did the court decide?

The accused-petitioner was granted bail on furnishing a bail bond of Rs. 20,000/- with two suitable sureties, each of the like amount.

Abdul Kalam @ Abdul Kalam Laskar Vs the State of Assam — Cheque Dishonour | Gauhati HC (2022)

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GAHC010004552022

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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./57/2022

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ABDUL KALAM @ ABDUL KALAM LASKAR S/O LT. CHAFIKUR RAHMAN LASKAR R/O VILL- NO. 3 SARKEY GAON P.S. LUMDING DIST. HOJAI, ASSAM

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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. P K GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 09-02-2022

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The Court proceedings have been conducted through Video-Conference due to Covid-19 pandemic.

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Mr. P. K. Gogoi, learned counsel represents the petitioner.

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Mr. B. B. Gogoi, learned Additional Public Prosecutor, represents the State. Case diary produced has been perused.

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Abdul Kalam @ Abdul Kalam Laskar , in connection with Lumding Police Station Case No. 224 of 2021 (corresponding to G. R. No. 3215/2021), registered under Sections 147/427/326/506/307 read with Sections 24(a) (b)/25(a) (b) (c) (d) (f)/40 (2) (b)/60(1) of the Assam Forest Regulation Act.

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This is the second bail application made by the petitioner. His first such application was rejected vide order dated 03-01-2022.

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The present application is taken up for consideration after 37 days of rejection of the earlier application. The accused-petitioner was arrested on 22.11.2021 and as such he has been in custody for a period of 77 days as on date, excluding the date of his remand.

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On perusal of the case diary and as has also been submitted by Mr. B. B. Gogoi, learned Additional Public Prosecutor, the specific allegation so far injuries caused is concerned is not against the present petitioner. So far as the other offences are concerned under the relevant Forest Law, this Court is of the view that further custodial detention of the petitioner beyond 77 days is not necessary and therefore, the petitioner is granted bail.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with two suitable sureties, each of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Hojai.

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The direction for bail is further subject to the conditions that the accused-

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petitioner:

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(a) shall not leave the territorial jurisdiction of learned jurisdictional

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Special Judge, without prior written permission from him;

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(b) shall not hamper with the investigation and tamper with the evidence of the case;

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(c) 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 from disclosing such facts to the Court or to any police officer.

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In terms of the above, this bail application stands disposed of. Return the case diary.

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JUDGE

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Comparing Assistant

Abdul Kalam @ Abdul Kalam Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abdul Kalam @ Abdul Kalam Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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