Sofiqul Islam @ Md. Saiful Islam v. The State of Assam

ORDER Date : 29-01-2024 Heard Mr. S.M. Abdullah P, learned counsel for the petitioner Sofiqul Islam @ Md. Saiful Islam.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure with prayer for bail as he is behind bars since 11.01.2024 in Page No.# 2/3 connection with Nagaon Police Station Case No. 1103/2023 under Sections 120(B)/427/379/511 of the Indian Penal Code, R/W Section 23 Petroleum Act, R/W Section 15(2)/15(4) of the Petroleum and Minerals Pipelines (Acquisition of Right of user in land Amendment Act, 2011).

¶3Heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

¶4The allegation against the petitioner is that he was involved in tapping the oil pipelines stretching from Duliajan to Baruani around Nagaon in order to illegally draw oil from the pipelines. It is submitted that the petitioner has been interrogated thoroughly.

¶5I have considered the submissions at the bar. I have considered the submissions that the petitioner is willing to cooperate with the investigation. I have also considered the submissions that further custodial interrogation may not be required or further custodial detention for the progress of investigation also may not be required. The petitioner is a local resident and he is willing to abide by any bail conditions if imposed upon him.

¶6Considering all aspects, petition is allowed.

¶7The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of Eleka Magistrate, Nagaon under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall cooperate with the investigation and appear before the Investigating Officer regularly on every fortnight till completion of investigation. Page No.# 3/3

(iii) The petitioner shall not leave the jurisdiction of the Court without written permission till completion of trial.

¶8On breach of any bail conditions, bail order shall stand cancelled.

In the above terms bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010016122024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./239/2024 SOFIQUL ISLAM @ MD. SAIFUL ISLAM S/O LATE MEHAR ALI R/O FAUZDARIPATTY P.S. NAGAON DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND