Allowed

Kalyan Sonowal @ Sri Kalyan Jyoti Sonowal v. the State of Assam

Gauhati HC9 Mar 2023Bail Appln./830/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted regular bail to the petitioner in a theft of crude oil case. After considering custody period and case materials, the court ordered bail on furnishing a bond and list of conditions including appearing to investigators periodically.

What did the court decide?

Bail granted on furnishing a bail bond of Rs.50,000 with one solvent surety and compliance with specific conditions of appearance and restraint.

Kalyan Sonowal @ Sri Kalyan Jyoti Sonowal Vs the State of… — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010045762023

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

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Case No. : Bail Appln./830/2023

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KALYAN SONOWAL @ SRI KALYAN JYOTI SONOWAL S/O SRI BHADRA KANTA SONOWAL R/O VILL- NAKARI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. J C GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 09-03-2023

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Heard Mr. B. Islam, learned counsel for the petitioner as well as Mr. Bhaskar Sarma, learned APP for the State.

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The petitioner, namely, Kalyan Sonowal @ Kalyan Jyoti Sonowal, who was shown arrested on 17.01.2023 in connection with Dharamtul P.S. case

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no.62/2022 under section 379 IPC read with section 23(a) of the Petroleum Act, 1934, is seeking regular bail by filing this application under section 439 Cr.P.C.

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The learned APP has opposed the prayer for bail.

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This being the second application for bail after the previous application being BA 363/2023 was rejected by order dated 20.02.2023.

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The said order indicates that there are sufficient materials in the case diary against the petitioner of being involved in the theft of crude oil from the pipe line. However, considering that the petitioner has spent 51 days in custody, the Court is inclined to grant bail to the petitioner, namely, Kalyan Sonowal @ Kalyan Jyoti Sonowal, on bail on furnishing a bail bond of Rs.50,000 (Rupees fifty thousand only) with one solvent sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon.

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Bail is granted on the following conditions:

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The petitioner shall appear before the Court in the present case on all the dates fixed for trial.

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The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

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The petitioner shall not obstruct the smooth progress of the

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trial/ investigation.

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The petitioner shall not misuse his liberty in any manner.

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The petitioner shall not jump over the bail.

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The petitioner shall once again appear before the IO once in 15(fifteen) days and he shall continue to appear once a month till his personal appearance is dispensed with or charge sheet is submitted, whichever is earlier.

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In the event the petitioner is found to be involved in any such case of crude oil theft it would be open to the IO to move the jurisdictional Court and apply for cancellation of bail.

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The application stands disposed of.

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JUDGE

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Comparing Assistant

Kalyan Sonowal @ Sri Kalyan Jyoti Sonowal v. the State of Assam

Case brief

What is this about?

What did the court decide?

Kalyan Sonowal @ Sri Kalyan Jyoti Sonowal v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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