Asif Ali @ Asief Ali v. The State of Assam

ORDER Date : 06-03-2024

Heard Mr. J.C. Gogoi, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. P.P., Assam, appearing for the State respondent. This is an application under Section 439 of the Code of Criminal Page No.# 2/3 Procedure, 1973, praying for granting bail to the petitioner, i.e. Ashif Ali @ Asief Ali, who was arrested on 29.07.2023 in connection with Sessions Case No. 230(NL)/2023 arising out of North Lakhimpur P.S. Case No. 285/2023, registered under section 380/302/34 of IPC. The case of the prosecution is that on 28.07.2023, the informant's son saw two men taking a goat from the informant's brother's house on a motorcycle. He accordingly started shouting and chased the said two men in his scooty. However, the two men took advantage of the darkness and seriously injured his son with a sharp weapon. Though his son was taken to the hospital, he was declared dead. Accordingly, FIR was registered. Mr. J.C. Gogoi, learned counsel for the petitioner submits that the petitioner was not present in the place of occurrence and it was only his wife's motor cycle which was mortgaged to one Mr. Safiqul Ali, who is the prime accused in the matter was used in the subject crime. He further submits that that the present petitioner has been arrested merely on the basis that his wife is the registered owner of the said motorcycle which was used in the incident. Mr. K.K. Parasar, learned Addl. P.P on the other hand fairly placed before this Court from the case diary that the petitioner had mortgaged his wife's motor cycle to one Safiqul Ali, who used the same on the date of the incident. In view of the aforesaid submission, this Court is of the considered view that further detention of the petitioner is not justified. Accordingly, it is provided that the accused petitioner named above shall be released on bail in connection with above noted case with a bail bond of Rs. 15,000/-( Rupees fifteen thousands) only with one surety of like amount, to the satisfaction of the learned Sessions Judge, Lakhimpur, North Lakhimpur subject Page No.# 3/3 to the following conditions:

¶1That the petitioner shall co-operate with the investigation and shall appear before the Investigating Officer as and when so required by the Trial Court;

¶2The petitioner shall not directly or indirectly make any indecent, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from deposing against the petitioner in the pending trail. It is needless to clarify that the aforesaid observations made here are only for the purpose of considering the bail application. Return the up to date case diary. In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010030502024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./442/2024 ASIF ALI @ ASIEF ALI S/OLATE SECANDAR ALI R/O VILL- RANGAJAN BORBEEL, P.O. RANGAJAN, P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI