Gauhati High Court
Page No.# 1/2 vs The State Of Assam on 20 November, 2020
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010157182020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : Bail Appln./2101/2020
JEHERUL ISLAM AND 2 ORS.
Address:S/O- AHMAD ALI
R/O- VILL- MADHYA BHAKUAMARI
P.S. AND DIST.- BARPETA
ASSAM
2: ABDUL HUSSAIN @ ABUL HUSSAIN
Address:S/O- LT. DARBEZ ALI
R/O- VILL- DAKHIN BHAKUAMARI
P.S. AND DIST.- BARPETA
ASSAM
3: LUTFOR RAHMAN
Address:S/O- ABUL KALAM
R/O- VILL- MADHYA BHAKUAMARI
P.S. AND DIST.- BARPETA
ASSAM
VERSUS
THE STATE OF ASSAM
Address:REP. BY P.P.
ASSAM
------------
Advocate for : MR. S MUNIR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM: Advocate appearing for respectively.
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
:: O R D E R ::
20-11-2020 Page No.# 2/2 By this application under Section 439 Cr.P.C., the accused-petitioners, namely, (1) Jeherul Islam (2) Abdul Hussain @ Abul Hussain (3) Lutfor Rahman and (4) Manirul Haque have sought for bail in connection with Barpeta Police Station Case No. 50/2015, registered under Sections 457/380/427 of IPC.
Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor, appearing for the State. Also perused the materials on record and the case diary. The FIR was filed on 06.01.2015 regarding theft of ATM machine along with cash of Rs.16,60,000/- subsequently on 08.01.2020, such amount was recovered from the accused namely, Siddique Ali and Sahajanhan Ali and the present accused persons were arrested on 01.10.2020 only because of their earlier background but no any evidence is found against them suggesting their involvement nor any recovery was made from them.
Considering all entirety of the matter and also the length of detention of the accused persons since (01- 10.2020) it appears that further custodial detention of the accused persons is not warranted. Accordingly, each of the accused petitioners are hereby directed to be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount each, to the satisfaction of the learned CJM, Barpeta.
In terms of the above, these bail applications stands disposed of. Return the case diary.
JUDGE Comparing Assistant