Md Rajab Ali v. The State of Assam

ORDER Date : 22-10-2024 Heard Mr. A.M. Ahmed, learned counsel for the petitioner Md. Rajab Ali.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3

14.09.2024 in connection with Gohpur P.S. Case No. 121/2024 registered under Sections 61(2)/318(4)/3(5) of the BNS.

¶3Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is submitted on behalf of the petitioner that the petitioner is behind bars for 39 days and further custodial detention may not be required for the progress of investigation.

¶5The FIR unfolds that as per GD Entry No. 265 dated 16.08.2024, and on the same day at around 9 p.m., the O/C along with the informant and other police personnel of Howajan Outpost during a routine Naka checking found 6 boat shaped suspected fake gold weighing approximately 8 kg 100 gms in a public bus bearing registration No. AS-15 C 9679 which was proceeding from Lakhimpur towards Guwahati. The fake gold was seized from the possession of Md. Rasidul Alom and Md. Mabinur Rahman. It is submitted on behalf of the petitioner that the petitioner was not in possession of the fake gold. It is further submitted that the petitioner is not involved in this case and investigation may have presumably progressed to a considerable extent as this case was registered on 16.08.2024.

¶6Learned Additional Public Prosecutor has raised objection stating that the petitioner's prayer for bail cannot be considered without perusal of the Case Diary.

¶7I have considered the submission that the prime accused had already been granted bail by this Court. I have considered the prayer for bail on the ground of parity. Page No.# 3/3

¶8I have considered the length of detention of the petitioner. It appears that custodial detention may not be required for the progress of investigation. The petitioner is a local resident and he is not a flight risk. The petitioner has pledged to co-operate with the remaining part of investigation.

¶9Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned SDJM(M), Gohpur, under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged, and

(ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation.

¶10On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶11In terms of the above observation, bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010219662024 2024:GAU-AS:10331 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3220/2024 MD RAJAB ALI S/O MD. NUR ISLAM VILL- DAULATPUR, P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M AHMED, B DAS,P. GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND