High CourtsSingle Bench(2019) 11 GAU CK 0037

Danswrang Ramchiary And Anr vs State Of Assam

Gauhati High Court · Decided on 15 November 2019

HON’BLE JUDGES
Ajai Lamba, CJ
RESULT
Allowed
CASE NUMBER
Bail Application No. 3583 Of 2019

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Judgment

17 paragraphs · 296 words
1.

Heard learned counsel for the applicants and the learned counsel for the prosecution.

2.

Shri Danswrang Ramchiary and Shri Jayanta Ghatowal have preferred this application for bail under Section 439 of the Code of Criminal

Procedure, 1973 in Mangaldai P.S. Case No.836/2019 under Sections 457/380 of Indian Panel Code.

3.

Contention of learned counsel for the applicants is that the applicants have been in custody for 35 days. There is allegation of breaking into the

office of Instakart Services Private Limited and committing robbery. Evidently, the accused have not been named in the FIR.

It further appears that the stolen money has been recovered from the arrested persons.

4.

Considering the nature of the offence; the period of custody undergone by the applicants and the fact that the money has been recovered, I deem it

just and proper to allow this application.

5.

The application is allowed.

6.

Accordingly, the accused-applicants named above, shall be released on bail in connection with the aforesaid case on furnishing bail bond in the sum

of Rs.10,000/-, with a suitable surety of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Darrang at Mangaldoi.

7.

The direction for bail is further subject to the conditions that the accused-applicants :

(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Darrang at Mangaldoi, without prior written permission from him;

(b) shall not hamper with the investigation, or tamper with the evidence of the case; and

(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.

8.

The application is allowed in the above noted terms.