THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
In terms of the above, this bail application stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 406, 408, 420, 468, 471
Judgment
Operative part
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI Date : -16.11.2023 ORDER Heard Mr. B.P. Borah, learned counsel for the petitioner. Also heard Mr. R.J. Barua, learned Additional Public Prosecutor for the State. This is an application made under Section 439 Cr.P.C., seeking bail by the petitioner, namely, Sri Raju Das, in connection with Namrup P.S. Case Page No.# 2/3 No. 72/2023, registered under Sections 420/406/408/468/471 IPC. It has been submitted by the learned counsel for the petitioner that the petitioner was arrested on 17.09.2023 and since then he has been detained in jail hazot. In the meantime, he has completed mandatory period of 60 days in jail hazot and charge-sheet has not yet been submitted. Hence, he is entitled for default bail. Mr. Barua, learned Additional Public Prosecutor for the State has confirmed that charge-sheet has not yet been submitted in this case. I have considered the submissions made by the parties. In view of above, the petitioner, named above, shall be released on bail in connection with Namrup P.S. Case No. 72/2023, registered under Sections 420/406/408/468/471 IPC, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned SDJM(M), Naharkatia. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned SDJM(M), Naharkatia without prior written permission from him/her; (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) 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 Court or to any police officer. (d) shall appear before the Investigating Police Officer once in a week for six weeks after his release on bail or as and when called upon by the Investigating Police Officer till the investigation of the case is completed. In terms of the above, this bail application stands disposed of. Return the case diary. Page No.# 3/3 JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In terms of the above, this bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 406, 408, 420, 468, 471.
Which court decided this case, and when?
Gauhati High Court, on 16 Nov 2023. The bench was MALASRI NANDI.
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.