Baharul Ali v. The State of Assam

ORDER

07.02.2024

Heard Ms. A. Begum, learned counsel for the accused persons and Mr. R.J. Barua, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, Page No.# 2/3 1973, is preferred by accused persons namely, Baharul Ali and Nuruddin Ali @ Nuruddin, who have been languishing in jail hazot, in connection with the Sipajhar P.S. Case No. 04/2024, under Sections 461/379/34 of the IPC, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by one Bimal Nath, on 09.01.2024. The essence of allegations made in the FIR is that on 09.01.2024, at about 3 am, some miscreants have stolen 3 numbers of goat from the house of the informant and have also tried to commit theft in the house of Tapan Kumar Nath, but, failed to carry out the same and thereafter, fled away in a vehicle.

¶4Ms. Begum, learned counsel for the accused persons submits that the accused persons were arrested on 12.01.2024, and since then they have been languishing in jail hazot for last 27 days and that they are ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. Barua, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the IO has collected sufficient incriminating materials against the accused persons and therefore, it is contended to dismiss the petition.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7It appears that the accused persons were arrested on 12.01.2024, and since then they have been languishing in jail hazot for last 27 days. Further, it appears that the IO has collected some incriminating material in support of the Page No.# 3/3 allegation made in the FIR against the accused persons.

¶8Having considered above and also considering the period of detention and balancing the same with the period of detention, this Court is of the view that their further custodial detention may not be warranted in the interest of investigation.

¶9Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- each only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Darrang, Mangaldai, the accused persons be enlarged on bail.

¶10In terms of above, this bail application stands disposed of.

¶11The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010014212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./222/2024 BAHARUL ALI S/O. BILLAL ALI, VILL. ALOMGANJ, P.S. GAURIPUR, DIST. DHUBRI, ASSAM. 2: Nuruddin Ali Alias Nuruddin S/O HASEM ALI R/ O VILLAGE CHAUDIA P.S BOKO DISTRICT KAMRUP R ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : AZIDA BEGUM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN