Abdul Sattar Ali v. The State of Assam and 2 Ors

ORDER Date : 25.01.2024

Heard S. Alim, learned counsel appearing for the accused petitioner as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/2 By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Abdul Sattar Ali, has prayed for grant of bail in connection with Bilasipara P.S. Case No.415/2023 under Sections 376D/325 of the IPC. The accused petitioner has been in judicial custody since 26.10.2023. It is submitted at the Bar that the investigation is not completed and the petitioner has been languishing in jail for last 91 days. That being so, since the investigation could not be completed within the stipulated time, this Court is inclined to release the petitioner on default bail, subject to furnishing a bail bond of Rs. 30,000/-with one surety of like amount to the satisfaction of the learned Special Judge, Bilashipara along with the following conditions-

i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and

ii) That 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 to the Police Officer or the Court. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010001462024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./24/2024 ABDUL SATTAR ALI SON OF MOKSED ALI, RESIDENT OF VILLAGE- SUAPATA, P.S. BILASIPARA, DISTRICT- DHUBRI, ASSAM, CELL PHONE NO. 9957816262 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:BIRENDRA NATH RAY ASSISTANT SUB INSPECTOR OF POLICE BILASIPARA POLICE STATION DISTRICT- DHUBRI ASSAM 3:ELINA BEGUM @ ILIMA BEGUM DAUGHTER OF OMAR ALI WIFE OF AMIR HAMJA VILLAGE- DIPARKHUTI P.S. BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 78334 Advocate for the Petitioner : MR. S ALIM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI