Gauhati High Court
Ranesh Daimary @ Bijoy Boro And Anr vs The State Of Assam on 24 April, 2019
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010058612019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 610/2019
1:RANESH DAIMARY @ BIJOY BORO AND ANR.
S/O GENDRA DAIMARY @ GAJEN BORO, R/O DAKSHIN KUMARIKATA,
P.S.-TAMULPUR, DIST-BAKSA (BTAD), ASSAM
2: MD. SAYED ALI @ MD. JEHERUL ALI @ DEHERUL
S/O MD. KASIM ALI @ HASIM ALI
R/O SINGIMARI
ALIKASH
P.S.-HAJO
DIST-KAMRUP(R)
ASSA
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S M MOLLAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 24-04-2019 Heard Mr. SM Mollah, learned counsel appearing for the petitioners and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam. By this petition under Section 439 Cr.P.C., the petitioners, namely, Ranesh Daimary @ Bijoy Boro and Md. Sayed Ali @ Md. Jeherul Ali @ Deherul have prayed for granting bail in connection with Baihata Chariali PS Case No.79 of 2019 under Section 379/411 Page No.# 2/3 of the IPC.
Case diary as, called for, is not received.
Mr. SM Mollah, learned counsel for the accused petitioners, submits that the accused persons are in custody since they were arrested on 08.03.2019. The learned counsel for the accused petitioners, submits that the accused came to the shop of the informant with one Pulsar and one Scooty for repairing the lock of the scooty. On being not able to reply to the question of the informant about any document of the two wheelers, on suspicion, the informant handed over the accused persons along with the two two-wheelers to the local police station. Mr. Mollah further submits that the stolen two-wheelers are being recovered, their further detention may not be necessary.
Mr. NJ Dutta, learned counsel submits that as the stolen two two-wheelers are recovered and also considering the length of detention, their further detention is not necessary.
Upon hearing the learned counsel of both the sides and on perusal of the police forwarding report, this Court finds that further detention of the accused persons may not be necessary. Therefore, it is provided that each of the accused petitioners, namely, Ranesh Daimary @ Bijoy Boro and Md. Sayed Ali @ Md. Jeherul Ali @ Deherul shall be released on bail of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of the learned SDJM (M), Rangia, subject, of course, to the following conditions:
1. That the accused petitioners shall co-operate in the investigation as and when required; and
2. That the accused petitioners 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 either to the Court or to any police officer.
Return the case diary.
With the above directions, the bail application stands disposed of.
JUDGE Page No.# 3/3 Comparing Assistant