Allowed

Rupchan @ Rupchan Ali v. the State of Assam

Gauhati HC21 Apr 2023Bail Appln./917/2023

Case brief

AI extract

What is this about?

This judgment grants bail to the accused petitioner Rupchan Ali connected with a case involving illegal arms carriage and obstruction of public servants. Considering the 54-day detention period and lack of injury report, the Court ruled that further detention is not warranted for investigation and released him on furnishing bail.

What did the court decide?

Accused petitioner released on bail of Rs. 40,000 with one surety of like amount subject to conditions.

Rupchan @ Rupchan Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2023)

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GAHC010054962023

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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./917/2023

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RUPCHAN @ RUPCHAN ALI S/O ARMAN ALI R/O SANIADI P.S. HAJO DIST. KAMRUP, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR S M ABDULLAH P

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 21.04.2023

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Heard Mr. SM Abdullah P, learned Counsel for the accused petitioner as well as Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State respondent.

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By this petition filed under Section 439 Cr.P.C., the accused petitioner, namely, Rupchan @ Rupchan Ali has prayed for granting bail, in connection with Hajo P.S. Case No. 553/2020 u/ss

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279/307/353/379/411/34 of the IPC r/w Section 179 (1) of the MV Act.

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The case diary, as called for, is placed before this Court.

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The FIR reveals the allegation that the present accused along with three co-accused persons were carrying illegal arms in a vehicle and when the informant along with his staff tried to stop the vehicle, they tried to hit them. The informant recovered 3 numbers of cattle from the vehicle.

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It is noticed that the accused petitioner is in judicial custody for 54 days since 27.02.2023.

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A perusal of the case diary reveals prima facie incriminating material against the accused petitioner’ s complicity in the commission of alleged offence. The injury report reveals that no injury was sustained. The investigation appears to have substantially progressed.

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Therefore, considering the length of detention and in the backdrop of facts and

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circumstances, this Court is of the opinion that further continuation of the accused petitioner in the interest of investigation is not warranted.

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Accordingly, it is provided that the accused petitioner, named above shall be released on furnishing bail of Rs. 40,000/- (Forty Thousand) with one surety of like amount to the satisfaction of the learned JMFC, Hajo subject to the following conditions- :

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(i) That the accused petitioner shall cooperate with the Investigating Officer as and when required;

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(ii) That the accused 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 the Police Officer or the Court; and

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(iii) That the accused petitioner shall refrain from committing any similar offences in future, of which he is accused or suspected of commission.

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This disposes of the bail application.

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Return the case diary.

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JUDGE

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Comparing Assistant

Rupchan @ Rupchan Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rupchan @ Rupchan Ali 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

Case details

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