Bail application under Section 439 CrPC by two accused detained over 70 days in an IPC Section 365 kidnapping case without charge sheet. The court held they were entitled to default bail and enlarged them on bail on bonds with sureties.
Accused enlarged on default bail on bond of Rs. 50,000 each with one surety each.
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.
Page No.# 1/3
GAHC010073632024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1050/2024
BISHWAJIT DAS AND ANR. S/O AJIT DAS,
R/O NAGAON, BORDUA, NEAR FLYOVER, DIST.- NAGAON, ASSAM. PRESENT ADDRESS- BHASKAR NAGAR, H/NO. 7, LALGANESH, P.O.FATASIL AMBARI, P.S.- FATASIL AMBARI, DIST.- KAMRUP (M), ASSAM, PIN781025.
2: SABITA DEB @ SABITA DAS W/O BISWAJIT DAS
R/O LAMDING PAMRUT
PRESENT ADDRESS- BHASKAR NAGAR H/NO. 7 LALGANESH P.O.- FATASIL AMBARI P.S.- FATASIL AMBARI DIST.- KAMRUP (M) ASSAM PIN- 781025
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM.
Advocate for the Petitioner : MR A H AHMED
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
26.04.2024
Heard Mr. A.H. Ahmed, learned counsel for the accused and Ms. N. Das, learned Additional Public Prosecutor, Assam for the State respondent.
Page No.# 3/3
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused-petitioners are entitled to default bail having been detained beyond the mandatory 60-day period without a charge sheet.
3 provisions across 2 enactments
Bishwajit Das
Sabita Deb @ Sabita Das
The State of Assam rep. by P.P., Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
