Gulab Shekh and 3 Ors v. The State of Assam

ORDER

Date : 10-03-2023 Heard Ms. T. Som, learned counsel for the applicants. Also heard Mr. P. Borthakur, learned Public Prosecutor representing the State respondent. This application is filed under Section 439 of the Criminal Procedure Code, 1973, praying for regular bail to the accused/applicants in connection with Samaguri Police Station Case No.25/2023, registered under Sections 120(B)/406/420/34 of the Indian Penal Code. Case Diary has not yet been received. Ms. T. Som, learned counsel for the applicants has submitted that the accused/applicants had purchased the suspected gold on good faith from the persons as stated in the FIR for their own use. He also submitted that the accused/applicants had no knowledge whether the gold purchased by them is fake or genuine and accordingly, they were arrested on 20.01.2023. Thus, on the ground of length of detention, the accused/applicants are praying for bail and further, there is no chance of absconding or hampering or tampering with the evidence, if any, against them if they are released on regular bail and also Page No.# 3/4 submitted that the IO got the sufficient time for custodial interrogation. On the other hand, Mr. P. Borthakur, learned Public Prosecutor has submitted that the IO could not furnish the Case Diary and seeks some more time to furnish the same. He also submitted that further custodial interrogation may be required for the interest of investigation. Considering the submissions of learned counsel for both sides and also considering the length of detention undergone by the accused/applicants, I am of the view that the I.O. has got ample opportunity to interrogate the accused/applicants in the custody and accordingly, further custodial interrogation of the accused/applicants seems to be not necessary here in this case.

Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) each with one surety of like amount to the satisfaction of the learned SDJM, Kaliabor, Nagaon District, Assam, the accused/applicants, namely, Mr. Gulab Shekh, Smti. Shakila Bibi, Mr. Miraj Miya and Mr. Sohail Shekh, be enlarged on bail, subject to the following conditions:

(i) that the applicants shall make themselves available for interrogation by the Investigating Officer as and when required;

(ii) that the applicants 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 them from disclosing such facts to the Court or to any police officer; and Page No.# 4/4

(iii) that the applicants shall not leave the jurisdiction of the learned SDJM, Kaliabor, Nagaon District, Assam, without prior permission.

In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010034032023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./562/2023o GULABoSHEKHoANDo3oORS.o S/OoIBRARoSHEKHo@oAVASARoSHEKHo R/OoVILL-oKOYLAoBAZARo P.S.oRAJMAHALo DIST.oSAHEBGANJo STATE-oJHARKHANDo PINoCODE-o816109 2:oSHAKILAoBIBI oW/OoIBRARoSHEKHo@oAVASARoSHEKHo R/OoVILL-oKOYLAoBAZARo P.S.oRAJMAHALo DIST.oSAHEBGANJo STATE-oJHARKHAND o PIN-oCODE-o816109 3:oMIRAJoMIYA oS/OoIDULoMIYAo R/OoVILL-oENAYETPURo P.S.oMANIKCHOUKo DIST.oMALDAo STATE-oWESToBENGALo PINoCODE-o816109 4:oSOHAILoSHEKH oS/OoIBRARoSHEKHo@oAVASARoSHEKHo R/OoVILL-oKOYLAoBAZARo P.S.oRAJMAHALo DIST.oSAHEBGANJo STATE-oJHARKHANDo PINoCODE-o81610o VERSUSo Page No.# 2/4 THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA