Moh Miyar Ali and Anr v. The State of Assam

ORDER Date : 13.02.2024

Heard Mr. B. Pathak, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 439 of the Code of Criminal Procedure for grant of bail to the accused/petitioners, who have been arrested in connection with Bongaigaon P.S. Case No. 542/2023, under Sections 120(B)/328/364(A) of the Indian Penal Code.

Case Diary has been received. Perused the same. Heard both sides.

It is submitted by Mr. Pathak, learned counsel for the petitioners, that the accused/petitioners are innocent and no way involved in the alleged offence. Further he submitted that it is a case of honey trapping. However, they are still ready and willing to co-operate with the I.O. in the further investigation of the case if they are enlarged on bail. Further it is submitted that accused/petitioners are behind the bar since 19.12.2023 and considering their length of detention, they may be released on bail.

Page No.# 3/4 In this context, Mr. Das, learned Additional Public Prosecutor, has submitted that the I.O. has collected sufficient incriminating materials against the present accused/petitioners. However, he submitted that the length of detention may be considered.

After hearing the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary and the progress of the investigation, I find that the I.O. has got ample opportunity to interrogate the accused/petitioners keeping them in the custody and accordingly, without going into the other aspects of the case, considering the length of detention already undergone by the accused/petitioners, I am of the view that further custodial interrogation of the accused/petitioners seems to be not necessary here in this case.

Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon, the accused/petitioners, (i) Moh Miyar Ali & (ii) Jaynal Abedin, be enlarged on bail, subject to the following conditions:

(i) that the petitioners 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 Court or to any police officer; and

Page No.# 4/4

(ii) that the petitioners shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Bongaigaon, without prior permission.

In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010002172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./23/2024o MOHoMIYARoALIoANDoANRo S/OoAKABORoALIo R/OoVILL-oNALDOBAo DIST.oBONGAIGAON,oPIN-783372o STATE-oASSAM 2:oJAYNALoABEDIN oS/OoLATEoYAKUBoALIo R/OoVILL-oNALDOBAo DIST.oBONGAIGAON oASSAMo PIN-78337o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoBoPATHAKo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA