Md. Hasan Ali @ Hasen Ali v. The State of Assam

ORDER Date : 20-03-2023

20.03.2023.

Heard Mr. F. Hoque, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Page No.# 2/3 Assam. By this application under section 439 Cr.P.C., the petitioner namely, Md Hasan Ali @ Hasen Ali, is praying for bail, in connection with Khetri P.S. Case No. 189/2022, under sections 457/380 of I.P.C. as the petitioner is languishing in jail hazot since 07.02.2023. Case diary is received and perused the same. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and nothing has been seized from his possession. He is in custody for 40 days and as per the seizure list all the seized areca nuts already been recovered from the possessions of the other co-accused persons. The present accused person is ready to co-operate with the I.O., if he is enlarged on bail. In this context, the learned APP has submitted that some incriminating materials are available in the case diary against the present accused petitioner but it is a fact that the accused is in custody for last 40 days and considering his length of detention as well as considering the fact of recovery of the of stolen articles his bail prayer may be considered. After hearing the submissions of learned counsel for both sides, I have also perused the case dairy, from which it reveals that the present accused petitioner is in custody for 40 days and the I.O. has got sufficient time for custodial interrogation. Therefore, I find it prudent to allow the accused petitioner namely, Md Hasan Ali @ Hasen Ali to go on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with one suitable surety of like amount, to the satisfaction of the learned C.J.M. Kamrup (M), in connection with Khetri P.S. Case No. 189/2022, under sections 457/380 of I.P.C The bail is granted on the following conditions:

¶1That the petitioner shall make himself available to the police or Page No.# 3/3 any other investigating agency or Court in the present case as and when required;

¶2that the petitioner 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe, influence, or intimidate the prosecution witness;

¶3that the petitioner shall not misuse his liberty in any manner. Send back the case diary. The bail application stands disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010054722023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./990/2023 MD. HASAN ALI @ HASEN ALI S/O MD. HAMED ALI R/O PACAMBIL BOHORI P.S. TARABARI DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA