Anarul Islam and Anr v. The State of Assam

ORDER

23.02.2024

Heard Ms. F. Hussain, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent. This is an application under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused/petitioners, who are languishing in jail hazot since 17.02.2024 in connection with Uluani P.S. Case No. 03/2024, registered under Sections 461/380 of the Indian Penal Code read with Section 413 of IPC. The case diary has been received and I have perused the same. It is submitted by the learned counsel for the petitioners, Ms. Hussain that the petitioners were arrested merely on suspicion in connection with this case. It is a case of theft of 2(two) Nos. of female cows, but, the present petitioners were not at all involved in the alleged offence and accordingly, he prays to allow the petitioners to go on bail. They are still ready and willing to co-operate the further investigation of the case, if they are enlarged on bail. On the other hand, Mr. Das, the learned Additional Public Prosecutor has submitted that the accused/petitioners were arrested on suspicion in connection with this case on 17.02.2024, and till date, no materials has been collected by the I.O. against the said accused/petitioners. Hence, he raised no objection on the prayer made by the learned counsel for the accused/petitioners. Considering the submissions of learned counsels for both sides as well as considering the fact that the accused/petitioners were arrested on mere suspicion, I am of the view that the I.O. has got ample opportunity to interrogate the accused/petitioners in the custody and accordingly, further custodial interrogation of the accused/petitioners 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) only each with one surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Kaliabor, the accused/petitioners, namely, Anaraul Islam and Muzahidul Islam be enlarged on bail, subject to the following conditions: Page No.# 3/3

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

(ii) that the petitioners 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

(iii) that the petitioners shall not leave the jurisdiction of the learned Sub-Divisional Judicial Magistrate, Kaliabor, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010038012024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./512/2024o ANARULoISLAMoANDoANR.o S/OoSUKURoALIo R/OoKADAMGURIo P.S.oRUPAHIHATo DIST.oNAGAON,oASSAM 2:oMUZAHIDULoISLAM oS/OoLATEoABDULoMALEKo R/OoKADAMGURIo P.S.oRUPAHIHATo DIST.oNAGAON oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoSoMoABDULLAHoPo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA