Ajmal Hussain v. The S Tate of Assam

O R D E R

18.03.2024

¶1Heard Mr. B. Mahajan, learned counsel for the petitioner. Also heard Mr. D. Das, 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, Ajmal Hussain, who was arrested on 01.03.2024 in connection with Gorchuk P.S. Case No. 56/2024, registered under Sections 365/392 IPC added Section 413 IPC.

¶3The case of the prosecution in brief is that on 12.02.2024, an FIR was lodged alleging interalia that on 11.02.2024 at about 11.30 A.M., when the informant received Pure God weight 1 Kg. 500 gm. on behalf of his owner and went from ISBT, Betkuchi to Paltanbazar then 04 nos. of unknown persons forcefully came in a vehicle and pulled and grabbed the gold articles.

¶4Mr. B. Mahajan, learned counsel for the petitioner submits that the petitioner is not named in the FIR. He further submits that the petitioner is totally innocent and has been falsely implicated in the offence alleged.

¶5Mr. D. Das, learned Addl. P.P. for the State respondents fairly submits that there are no materials adverse at this stage collected against the petitioner by the Investigating Officer.

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

¶7Considering the facts and circumstances of the case, 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, Kamrup (M), Guwahati.

¶8The bail granted to the petitioner shall be subject to the following conditions-

i) The petitioner shall co-operate with the investigation, Page No.# 3/3

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.

¶9With the above observation, this bail application stands allowed.

¶10This disposes of the bail application. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010054482024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./751/2024 AJMAL HUSSAIN S/O ABDUL HAMID R/O VILL- SONAPUR HATKHALA, P.S. SONAPUR, DIST. KAMRUP (METRO), ASSAM VERSUS THE S TATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI