A bail application was filed under Section 439 Cr.P.C. regarding offences under the Assam Game and Betting Act. After hearing both parties, granting bail on furnishing a bond of Rs.40,000 with surety, with standard conditions attached.
Bail granted on bond of Rs.40,000 with one suitable surety of like amount.
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GAHC010028872023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./485/2023
MALBAR RAHMAN
S/O- LATE MAZIBAR RAHMAN, VILL.- ANANDA NAGAR, WARD NO. 3, P.S. BILASIPARA, DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
Advocate for the Petitioner : MR. M K HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
14.02.2023
Heard Mr. M. K. Hussain, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned APP appearing for the State.
The petitioner, who was arrested on 05.01.2023 is seeking regular bail under section 439 Cr.P.C. in connection with Bilasipara P.S. Case No. 363/2022 under sections 13/14/15 of Assam Game and Betting Act.
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The learned APP has opposed the prayer for bail.
Considering the ground that the petitioner has committed the offence under Sections 13/14/15 of Assam Game and Betting Act and he has suffered custody for 40 days, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary in view of the nature of punishment which is prescribed for the offence.
Hence, the Court is inclined to grant bail to the petitioner, namely, Malbar Rahman in connection with the aforesaid case on furnishing bail bond of Rs.40,000/- with one suitable surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate(M), Bilasipara.
The bail is granted on the following conditions:
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earlier.
This application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. considering the custody period and nature of offense.
2 provisions across 2 enactments
MALBAR RAHMAN
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
KALYAN RAI SURANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
