THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
- Bench
- KAUSHIK GOSWAMI
Outcome
Bail refused
Accordingly, the bail application stands rejected
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 120(B), 328, 392, 506
Judgment
Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
Operative part
14.03.2024 ORDER Heard Mr. A.M. Khan, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned Addl. P.P for the State respondent. This is an application under Section 439 of Cr.PC, 1973 for grant of bail to the petitioner, i.e., Tahazzal Ali, who has been arrested on 28.01.2024 in connection with Jalukbari P.S Case No. 734/2023 registered under Sections 120(B)/328/392/506 of IPC. Page No.# 2/3 The facts of the case is that on 05.12.2023 when the informant was driving in a four-wheeler vehicle from Jalukbari over bridge carrying stationary goods worth Rs. 25,000/- and cash amounting to Rs. 1,80,000/-, a car driver along with another person in the car stopped the vehicle and gave him a cup of tea whereupon, he felt unconscious and the two persons tied his hands and threw him out in Kendulona Rail line and took away the stationary goods and cash amounting to Rs. 1,80,000/- along with his mobile phone. Accordingly, a case was registered. Mr. A.M. Khan, learned counsel for the petitioner submits that the petitioner is innocent and has been wrongly implicated in the offence. Mr. K.K. Parashar, learned Addl. P.P on the other hand strongly opposes the prayer for bail. I have heard the submissions made at the bar and have perused the materials available on record. It appears that the investigation is at an active stage. It further appears that the stolen articles have not yet been recovered. It further appeas that the interrogation is going on to unearth the truth. Considering the aforesaid submission, this Court is not inclined to grant Page No.# 3/3 regular bail to the petitioner at this stage. Accordingly, the bail application stands rejected. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the bail application stands rejected
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 120(B), 328, 392, 506.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.