Appeal against bail application allowed. The Gauhati High Court granted regular bail to Banjit Konch in a cheating/forgery case. The court noted the victim statement and lack of accused complicity to permit release on Rs.20,000 surety.
Allowed release on regular bail of Rs.20,000 with one surety to the satisfaction of CJM, Lakhimpur.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010078652022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./953/2022
BANJIT KONCH
S/O- SRI GOLAP KONCH, R/O- VILL.- NALINIPAM, P.S. AND DIST. DHEMAJI, ASSAM, PIN- 787057.
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A BHATTACHARYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
13.05.2022.
By filing this petition under Section 439 of the CrPC, petitioner Banjit Konch has prayed for releasing him on regular bail in connection with the Ghilamora P.S. Case No.28/2022, under Section 366 of the IPC.
Heard the learned counsel for both sides and perused the record and the case diary.
The victim girl has already been recovered who in her statement recorded under Section 164 CrPC, has specifically stated that she herself eloped with one Papul Saikia, out of love and affection and subsequently she was taken to the house of some person and later she came to
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know that it was the house of one of the friend of Papul Saikia, who is the present petitioner.
No complicity of the petitioner is made out in the offence alleged.
Considering the above and the length of detention of the accused/petitioner named above, since 08.04.2022 is allowed to go on regular bail of Rs.20,000/- with one surety of like amount, to the satisfaction of learned CJM, Lakhimpur, in connection with Ghilamora P.S. Case No.28/2022.
The bail petition stands disposed of accordingly.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail can be granted to the petitioner accused under Section 366 IPC given lack of complicity and victim recovery.
Whether the petitioner is entitled to release on regular bail with a surety given the length of detention.
2 provisions across 2 enactments
Banjit Konch
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
