Md. Muktar Sk v. The State of Assam

ORDER Date : 02.04.2024

Heard Ms. A. Medhi, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, 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/petitioner, who has been arrested in connection with GRPS P.S. Case No. 20/2024, under Sections 379/410/413/411 of the Indian Penal Code.

It is submitted by Mr. R. R. Kaushik, learned Additional Public Prosecutor, that the case has already been Charge-Sheeted, vide Charge-Sheet No. 14/2024, dated 31.01.2024, and accordingly, he submitted that necessary direction may be passed directing the petitioner to approach the learned Court below with an appropriate application for bail.

In this context, Ms. A. Medhi, learned counsel for the petitioner, has submitted that the accused is behind the bar for last 72 days and all the stolen articles have already been recovered and hence, further custodial detention of the accused/ petitioner is not necessary and accordingly prayed that the accused/petitioner may be released on bail. Considering the submissions made by the learned counsels appearing for both sides and also considering the fact that the case has already been Charge-Page No.# 3/3 Sheeted, vide Charge-Sheet No. 14/2024, dated 31.01.2024, I do not find it appropriate to pass any order on bail at this stage and accordingly, I hereby direct the petitioner to appear before the learned Court below with an appropriate application for bail which shall be considered by the learned Court below in accordance with law.

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

PageoNo.#o1/3 GAHC010063392024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./920/2024o MD.oMUKTARoSK.o S/OoWASILoSK.o R/OoHAJINAGARo P.S.oKALIACHAK,o DIST.oMALDA,oWESToBENGAL. VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMS.oA.oMEDHIo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA