Petitioner sought regular bail under Section 439 CrPC for robbery and attempted murder. Court found evidence of accomplices and communication suggesting active complicity. Bail rejected.
Bail application rejected; case diary returned.
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GAHC010068632022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./771/2022
PROSENJIT DEB S/O LT. PRADIP KUMAR DEB R/O HAILAKANDI TOWN, WARD NO. 14, P.O., P.S. AND DIST. HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. N H BARBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
10.05.2022.
By filing this petition under Section 439 of the CrPC, petitioner Prosenjit Deb has prayed for releasing him on regular bail in connection with the Lala P.S. Case No.737/2021, under Sections 394/395, with added Sections 120(B)/307 of the IPC.
Heard the learned counsel for both sides and perused the record and the case diary.
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The allegation that has been made by the informant is that some unknown persons restrained the informant, who was travelling in a vehicle and thereafter breaking open the tool box, took an amount of Rs.3 lacs, which was kept for battle nut business. They also gave fist blows upon other passengers of the vehicle, while snatching away the money.
During investigation, sufficient complicity of the petitioner is suggested that the present accused petitioner took active connivance with the co-accused, involved in committing the offence, who has also been identified in the TIP. Various CDR analysis also suggest communication of the accused/petitioner with other co-accused.
Considering all entirety of the matter, the present bail petition stands rejected.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether regular bail should be granted to the petitioner accused in a case involving robbery and attempted murder under Sections 394/395 and 120(B)/307 of the IPC?
3 provisions across 2 enactments
PROSENJIT DEB
STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
