Saiful Islam v. The State of Assam

O R D E R

22.03.2024

¶1Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. P.P. for the State respondent. Page No.# 2/3

¶2This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, namely, Saiful Islam, who was arrested on

19.01.2024 in connection with Dhula P.S. Case No. 07/2024, registered under Section 302 of IPC.

¶3The case of the prosecution in brief is that on 19.01.2024 an FIR was lodged alleging inter-alia that the wife of the accused-petitioner was found hanging inside her room on 17.01.2024 and accordingly, it was suspected that the lady killed herself.

¶4Mr. M. Ahmed, learned counsel for the petitioner submits that the petitioner is no way involved in the alleged offence and the petitioner was not in the village on that day of 17.01.2024.

¶5Mr. K.K. Parsar, learned Addl. P.P. for the State respondents submits that the materials available on the record especially case diary indicates that the petitioner was at Guwahati during that time. He further submits that the post-mortem report reveals that the cause of death is due to asphyxia hanging.

¶6I heard the submission made at the Bar and I have perused the materials available on record.

¶7It appears that the investigation has substantially progressed. It appears that the statements of the witnesses and the petitioner have already been recorded under Section 161 Cr.P.C by the Investigating Officer. It further appears from the statement of the witnesses that the petitioner was not present during the time of the incident. It further appears that the post-mortem report is negative as regards the allegation under Section 302 IPC.

¶8Considering the aforesaid facts and circumstances, this Court is of the opinion that further detention of the petitioner is not justified for the ongoing Page No.# 3/3 investigation.

¶9Accordingly, it is provided that the petitioner, named above, shall be released on bail in connection with the above noted case on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of the learned CJM, Darrang at Mangaldoi.

¶10The bail granted to the petitioner shall be subject to the following conditions-

i) The petitioner shall co-operate with the investigation,

ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer; and

iii) The petitioner shall refrain from such activities with which he is alleged, failing which, bail orders shall stand cancelled.

¶11With the above observation, this bail application stands allowed.

¶12This disposes of the bail application. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010051392024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./764/2024 SAIFUL ISLAM SON OF TAYEJ ALI, R/O VILL- BALLABARI, P.S. DHULA, DISTRICT DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI