Rashid Ali v. The State of Assam

ORDER

23.01.2024

¶1Heard Mr. S. Rana, learned counsel for the accused petitioner. Also heard Mr. K.K. Parasar, learned Addl. P.P., Assam appearing for the State respondent.

¶2This is an application under Section 439 of the Code of Criminal Procedure, 1973 for granting regular bail to the accused petitioner, namely Rashid Ali, who was Page No.# 2/3 arrested on 20.12.2023, in connection with Abhayapuri P.S. Case No.547/2023 under Section 306 of the IPC.

¶3The case of the prosecution, in brief, is that one minor girl, namely Miss. Jahida Parbin committed suicide in her house by hanging herself on 16.12.2023. By suspecting that she may have committed suicide for some cheating or abetment, an FIR was lodged which was registered. In connection with the aforesaid case, the petitioner, who is stated to be the brother-in-law, has been arrested.

¶4By order dated 12.01.2024 the case diary was called for which has been received.

¶5I have heard the submissions made at the bar and perused the case diary.

¶6It appears from the case diary that the investigation is going on and the statement of the petitioner has already been recorded wherein he admits that he and the minor girl were in love with each other and that for last one month he was away at Tezpur for work.

¶7Considering the gravity of the offence and the length of detention as well as the materials available on record, this Court is of the opinion that further detention of the accused petitioner may not be required.

¶8Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.30,000/-(Rupees Thirty Thousand) with one surety of like amount to the satisfaction of learned S.D.J.M., North Salmara, Abhayapuri subject to the following conditions-

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

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; and Page No.# 3/3

iii) The accused petitioner shall refrain from such activities with which he is alleged, failing which, the bail order shall stand cancelled.

¶9Return the case diary.

¶10The bail application stands disposed off.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010008292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./133/2024 RASHID ALI S/O JAYNAL ALI VILL. KOKILA MAJPARA PS. ABHAYAPUR DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S RANA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI