Petitioner sought regular bail under Section 439 CrPC. Court held no serious complicity attracted Section 307 IPC due to simple injury caused by blunt weapon. Bail granted with Rs.20,000 bond.
Petitioner allowed regular bail on security of Rs.20,000 with one surety of like amount.
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GAHC010066802022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./752/2022
ASHAD ALI @ GATU SK S/O LATE KENDU ALI @ KINTU ALI R/O VILL- KASHIPARA BHOTGAON P.S. AND DIST. KOKRAJHAR, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S U AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
18.05.2022
By filing this petition under Section 439 of the CrPC, the petitioner namely, Ashad Ali @ Gatu Sk, who was arrested on 18.03.2022, has prayed for releasing him on regular bail in connection with Kokrajhar PS Case No. 134/2022, under Sections 143/147/148/341/323/324/307 IPC.
Heard the learned counsel for both sides. Also perused the record and the Case
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Diary.
Medical Report reveals that the victim named in the FIR sustained simple injury that was caused by blunt weapon and there is no such serious complicity of the petitioner, to attract the offence under Section 307 IPC.
Considering all entirety of the matter and the length of detention of the petitioner since 18.03.2022, this Court is of the opinion that further custodial detention of the accused petitioner appears to be not warranted. Accordingly the petitioner, named above is allowed to go on regular bail of Rs.20,000/- with one surety of like amount, to the satisfaction of learned CJM, Kokrajhar, in connection with the aforesaid case.
The bail petition stands disposed of accordingly.
Return the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner warrants further custodial detention in a case involving simple injury.
1 provisions across 1 enactments
Ashad Ali @ Gatu Sk
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
