Md. Imran Hussain v. The State of Assam

ORDER Date : 17-01-2023 Heard Mr. S. Borthakur, learned counsel for the accused-petitioner and Mr. D.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam. Page No.# 2/3

¶2By this application under Section 439, Code of Criminal Procedure, 1973, the accused-petitioner viz. Md. Imran Hussain has prayed for his release on bail in connection with Gaurisagar Police Station Case no. 118/2022, registered for offences under Section 376D, Indian Penal Code. The accused-petitioner was arrested and produced before the Court of learned Chief Judicial Magistrate, Sivasagar, Assam on 14.10.2022 and on being so produced, he was remanded to custody.

¶3Mr. Borthakur, learned counsel for the accused-petitioner has submitted that the accused-petitioner is in custody for 96 days since 14.10.2022 and the investigation of the case has not been completed resulting into a charge sheet/final report.

¶4Mr. Goswami, learned Additional Public Prosecutor has also submitted that the charge sheet has not been submitted till date.

¶5As on date, the accused-petitioner is in custody for 96 days whereas the investigation of Gaurisagar Police Station Case no. 118/2022 has not yet been completed resulting into a charge sheet.

¶6In such facts and circumstances obtaining in the case, the accused-petitioner is entitled to bail as per the provisions contained in Section 167[2], CrPC.

¶7Accordingly, the accused-petitioner is allowed to be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Sivasagar, Assam, subject to the following conditions :- [1] The accused-petitioner shall cooperate with the investigation and shall make himself available as and when his presence is required by the I.O. in Page No.# 3/3 the investigation of the case; [2] The accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; [3] The accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; [4] The accused-petitioner shall maintain law and order and they shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected; and [5] The accused-petitioner shall regularly remain present during the trial and co-operate the Court to complete the trial for the above offences, if charge sheeted in the case. This application stands disposed of in the afore-mentioned terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010000832023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./31/2023 MD. IMRAN HUSSAIN S/O MD. ABDUL RAYAL R/O GAURISAGAR P.O. AND P.S. GAURISAGAR DIST. SIVASAGAR, ASSAM PIN-785684 VERSUS THE STATE OF ASSAM REP. BY HEREIN BY ITS PP, ASSAM Advocate for the Petitioner : MR. S BOIRAGI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY