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Arabinda Mahanta vs The State Of Assam on 20 December, 2019

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GAHC010316512019

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln. 4126/2019

1:ARABINDA MAHANTA
S/O- LATE GOLAP MAHANTA, R/O- VILL.- PURANIMATI SATRA UNDER
PULIBOR POLICE STATION, DIST.- JORHAT, ASSAM, PIN- 785006.

VERSUS

1:THE STATE OF ASSAM
REP. BY P.P., ASSAM

Advocate for the Petitioner : MR. B M CHOUDHURY

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI

ORDER

Date : 20-12-2019

By this application under Section 439 Cr.PC, the petitioner, namely, Sri Arabinda
Mahanta has prayed for bail, who is in detention in connection with Jorhat P.S. Case
No. 3250/2019 under Section 406 IPC.

Heard Mr. B.M. Choudhury, learned counsel for the petitioner and Ms. S.H. Bora,
learned Addl. P.P. for the respondent.

The allegation made in the FIR was that the informant purchased a vehicle
registered in the name of one Uzzal Bora by taking bank loan. Later on, he sold the
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said vehicle to the present petitioner. It was stipulated between them that the
remaining installment of the bank loan shall be paid by the present petitioner. After
payment of few installments, he did not pay the installment of bank loan. It was also
alleged that the vehicle was used for immoral purposes.

The petitioner was arrested on 29.11.2019.

Having considered the nature of allegation and the length of detention, this
court is of the view, that further custodial detention of the petitioner may not be
necessary in the interest of investigation. Accordingly, the petitioner is allowed to be
enlarged on bail of Rs. 20,000/- with one suitable surety of the like amount to the
satisfaction of the learned CJM, Jorhat, subject, of course, to the following conditions:

1. The accused petitioner shall co-operate in the investigation as and when
required;

2. The accused petitioner 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.

3. The accused petitioner shall not commit any similar offence, of which he is
accused or suspected commission.

Bail application is disposed of.

JUDGE

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