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GAHC010082812024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1196/2024
GENDU MOHAN NATH
S/O LATE JADU RAM NATH
RESIDENT OF DEURIPARA, PO , PS AND DIST BONGAIGAON, ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP ASSAM
Advocate for the Petitioner : MR D C NATH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 30.04.2024
Heard Mr. Z Alam, learned counsel for the petitioner as well as Mr. R R
Kaushik, learned Additional Public Prosecutor, Assam.
The 2nd bail application has been filed under section 439 CrPC by the
petitioner Gendu Mohan Nath in connection with ACB PS Case No.21/2024
registered under section 7 (a) of the Prevention of Corruption Act,
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1988.
The petitioner was caught red handed while he was acceptinga bribe of
Rs.5,000/-. Earlier, this court rejected the bail prayer of the petitioner.
Mr. Alam has submitted that today is the 50 th day of detention of the
petitioner in custody and as such, period of detention already undergone by
the petitioner should be taken as a ground for releasing him
on bail.
I have considered the submission made by the learned counsel for both
the parties.
This court have decided to accept the prayer of the petitioner
considering the period of detention already undergone by him. Hence, the
prayer of the bail is allowed.
Accordingly, it is directed that the petitioner Gendu Mohan Nath, who
was arrested in connection with ACB PS Case No. 21/2024 registered under
section 7 (a) of the Prevention of Corruption Act, 1988 shall be released on bail
of Rs.25,000/- with one surety of like amount to the satisfaction of the learned
Special Judge, Assam at Guwahati.
The bail application is disposed of.
JUDGE
Comparing Assistant