IN THE HIGH COURT OF GAUHATI
Ajai Lamba, J.
Danswrang Ramchiary And Anr. - Appellants
Vs.
State of Assam - Respondent
Bail Application No. 3583 of 2019
Decided On : 15-11-2019
Bail - Robbery - The court allowed the bail application under Section 439 of the Code of Criminal Procedure, 1973, considering the nature of the offence, the period of custody undergone by the applicants, and the recovery of the stolen money.
Fact of the Case:
The applicants sought bail in a case involving allegations of breaking into the office of Instakart Services Private Limited and committing robbery. The accused were not named in the FIR, and the stolen money was recovered from the arrested persons.
Finding of the Court:
The court found it just and proper to allow the bail application, considering the nature of the offence, the period of custody undergone by the applicants, and the recovery of the stolen money.
Issues: Bail application under Section 439 of the Code of Criminal Procedure, 1973 in a case involving allegations of breaking into the office of Instakart Services Private Limited and committing robbery.
Ratio Decidendi: The court considered the nature of the offence, the period of custody undergone by the applicants, and the recovery of the stolen money in allowing the bail application.
Final Decision: The accused-applicants were granted bail in connection with the case on furnishing bail bond in the specified amount and subject to certain conditions.
JUDGMENT :
Ajai Lamba, J.
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.
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 :
(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.
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