Merajul Hussain v. The State of Assam

ORDER

20.02.2024

Heard Mr. S Islam, learned counsel for the petitioner. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor, Assam for the respondent State. Page No.# 2/3 This is an application under Section 439 Cr.P.C. praying for bail to the petitioner, namely, Merajul Hussain, who was arrested on 04.01.2024 in connection with Nalbari Police Station Case No.491/2023 under Sections 354(C)/506 IPC read with Sections 66E/67A of the IT Act. It is submitted by the learned counsel for the petitioner that the petitioner has been in custody since 04.01.2024. It is also submitted that the case registered against the petitioner under Sections 354(C)/506 IPC and Sections 66E/67A of the IT Act are all bailable in nature and hence the petitioner may be enlarged on bail. On the other hand, the learned Additional Public Prosecutor, Assam submits that he has no objection on the prayer of the petitioner for granting bail. I have considered the submissions of the learned counsel for the parties. Taking into consideration the fact that Sections 354(C)/506 IPC and Sections 66E/67A of the IT Act are bailable in nature, the petitioner is granted bail. Accordingly, the petitioner above-named, shall be released on bail in connection with the aforementioned police station case on furnishing a bail bond of Rs. 10,000/- (Rupees ten thousand) with one suitable surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari, subject to the following conditions that the petitioner:

(a) shall not hamper with the investigation, or tamper with the evidence of the case; and

(b) 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. The bail application, accordingly, stands disposed of.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010032492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./465/2024 MERAJUL HUSSAIN S/O GANIR ALI VILL- KARIA, BETKATA P.S. NALBARI DIST. NALBARI, 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 MALASRI NANDI