Nur Hussain Ali v. The State of Assam

O R D E R

10.05.2024 Heard learned counsel for the parties. This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, Nur Hussain Ali, who was arrested on 04.03.2024 in connection with Bhangagarh Police Station Case No. 22/2024 under Section 302/34 IPC. Page No.# 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the case. Further, the petitioner has been in custody for last 68 days. Mr. MP Goswami, learned Additional Public Prosecutor has vehemently objected in granting bail to the petitioner. Considering the period of detention and stage of investigation, this Court is of the opinion that no further custodial interrogation/detention of the petitioner is required. Accordingly, the present application is allowed. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of like amount to the satisfaction of the learned CJM, Kamrup (M) with the following conditions.

(1) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(2) 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 them from disclosing such facts to the Court or to any police officer,

(3) The petitioner shall appear before the I/O on each and every date as and when called for. Bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010070022024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./993/2024 NUR HUSSAIN ALI SON OF AKASH ALI, RESIDENT OF VILLAGE KALJAR, BALAPARA P.S. HOWLY DISTRICT- BARPETA , ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S M MOLLAH Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY