Allowed

Manoj Sharma and Anr. v. the State of Assam

Gauhati HC9 Feb 2022Bail Appln./58/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the first accused-petitioner, Manoj Sharma, in a case involving offences under the Assam Forest Regulation Act, holding that further custody beyond 75 days was unnecessary as the specific injury allegation was not against him.

What did the court decide?

The accused-petitioner was released on bail on furnishing a bond of Rs. 20,000 with two sureties.

Manoj Sharma and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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GAHC010004502022

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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./58/2022

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MANOJ SHARMA AND ANR S/O LATE GANESH SARMAH R/O VILL- SUNAI CHAPORI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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2: TOYBUR RAHMAN S/O NASIRUDDIN R/O VILL- 1 NO. DEBENGAON P.S. LUMDING DIST. HOJAI ASSA 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

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due to Covid-19 pandemic.

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

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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, Sri Manoj Sharma , 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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Mr. P. K. Gogoi, learned counsel for the petitioners has firstly submitted that he will press this application for bail for petitioner no.1 only, as the petitioner no. 2 has already got bail from this Court vide order dated 02.02.2022 in Bail Application No. 231/2022 after he was in custody for 69 days.

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I have perused the case diary so far as the petitioner no. 1 is concerned. The accused-petitioner no. 1 was arrested on 24.11.2021 and as such he has been in custody for a period of 75 days as on date, excluding the date of his remand.

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On perusal of the case diary and on consideration of the submission made by Mr. B. B. Gogoi, learned Additional Public Prosecutor, the specific allegation so far injuries caused is concerned is not against the petitioner no.1. 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 no. 1, beyond 75, days is not necessary and therefore, the petitioner no. 1 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

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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 accusedpetitioner no. 1:

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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

Manoj Sharma and Anr. v. the State of Assam

Case brief

What is this about?

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Manoj Sharma and Anr. v. the State of Assam

Case brief

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