Allowed

Phanindra Kumar v. the State of Assam

Gauhati HC2 Jul 2024Bail Appln./1929/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC allowed. The Court considered the collected materials, detention period, and stage of investigation, holding that further custodial interrogation was unnecessary. Petitioner released on bail with specific conditions.

What did the court decide?

Bail granted on furnishing a bail bond of Rs.25,000/- with one solvent surety of like amount, subject to standard conditions.

Phanindra Kumar Vs the State of Assam — Bail and Remand | Gauhati HC (2024)

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GAHC010132942024

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./1929/2024

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PHANINDRA KUMAR

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S/O LATE TORONI CH. KUMAR,

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RESIDENT OF MALIGAO, BORIPARA, NEAR KAMAKHYA STATION, PS JALUKBARI, GUWAHATI, DIST KAMRUP M 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. N MAHAJAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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03.07.2024

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1. Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

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2. The present application filed under Section 439 of

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the Code of Criminal Procedure, 1973, is preferred by the accused, namely, Phanindra Kumar, who has been shown arrested on 24.06.2024 in connection with Bharalumukh P.S. Case No. 64/2024 under Section 120(B)/420/406/409/468/471 of the Indian Penal Code.

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3. The petitioner was also arrested in connection with Jalukbari P.S. Case No. 99/ 2024 and Latasil P.S. Case No. 30/2024. The petitioner has been granted bail in the aforesaid two cases by this Court.

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4. The learned Additional Public Prosecutor has produced the case diary.

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5. Perused the same.

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6. Considering the materials so far collected and also considering the period of detention, and the stage of investigation, this Court is of the view that no further custodial interrogation of the petitioner shall be necessary.

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7. Accordingly, it is directed that the petitioner, abovenamed, in connection with the aforementioned case be released on bail on his furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the learned Kamrup(M) with the following conditions.

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(i) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

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(ii) The petitioner shall not repeat similar offence in future;

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(iii) The petitioner shall not, directly or indirectly, make any

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inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer,

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(iv) The petitioner shall appear before the I/O on each and every date as and when called for.

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8. Bail application stands disposed of.

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9. Return the case diary.

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JUDGE

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Comparing Assistant

Phanindra Kumar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Phanindra Kumar 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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