Allowed

Akibar Rahman v. the State of Assam

Gauhati HC3 Apr 2023Bail Appln./1082/2023

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the Gauhati High Court granted release on bail to the applicant accused of cheating, forgery, and criminal conspiracy. The court noted the investigation was incomplete but custodial detention unnecessary given the bail of co-accused.

What did the court decide?

Release on bail on a bond of Rs. 30,000 with one surety of like amount to the Chief Judicial Magistrate, Bongaigaon.

Akibar Rahman Vs the State of Assam — Cheque Dishonour | Gauhati HC (2023)

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GAHC010065402023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case : Bail Appln./1082/2023

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AKIBAR RAHMAN S/O PATOWAR RAHMAN R/O VILL- KABAITARY PT.V P.S. JOGIGHOPA P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM

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VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM

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-----------Advocate for : MR. S MUNIR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 03-04-2023

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Heard Mr. S. Munir, learned counsel for the applicant. Also heard Mr. D. Das,

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learned Addl. P.P. Assam appearing for the State who has produced the Case Diary.

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By filing this application under Section 439 Cr.P.C. the applicant is praying for an order for his release on bail.

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The applicant herein was arrested on 12-03-2023 in connection with Jogighopa P.S. Case No. 96/2023 registered under Sections 120(B)/420/468/471/34 IPC and since then, he is in custody.

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It appears that after recovering the correct amount of GST along with penalty, the four trucks involved in the incident have already been released by the authorities and the statement of the applicant has also been recorded. It further appears from the Case Diary that the investigation in the case is still under progress and the documents have also been seized.

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In view of the above and considering the fact that the applicant has been in custody since 12-03-2023, I am of the opinion that further custodial detention of the applicant would not be necessary in this case. Moreover, Mr. Munir, learned counsel for the applicant submits that the other persons involved with the occurrence have already been granted pre-arrest bail by this Court. The order dated 20-03-2023 passed in A.B. No. 1012/2023 supports the above contention of Mr. Munir.

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In view of the above, it is hereby ordered that the applicant, viz. Akibar Rahman be released on bail on furnishing bond of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon.

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It is, however, made clear that the applicant shall render full cooperation in the investigation and shall not leave the jurisdiction of the Investigating Officer without prior

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intimation.

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Bail application stands disposed of.

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JUDGE

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Comparing Assistant

Akibar Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Akibar Rahman v. the State of Assam

Case brief

What is this about?

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