Md. Mogol Hussain v. The State of Assam

O R D E R

23.04.2024 Heard Mr. B Chowdhury, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Additional Public Prosecutor, Assam. This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, Md. Mogol Hussain, who was arrested on 17.03.2024 in connection with Chapar Police Station Case No. 35/2024 (Corresponding to GR case Page No.# 2/2 No. 112/2024) under Section 120(B)/307/326/506 IPC. Mr. Chowdhury, learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The petitioner is behind the bar since 17.03.2024. 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 in the like amount to the satisfaction of the learned SDJM, Bilasipara 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 GAHC010072662024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1040/2024 MD. MOGOL HUSSAIN SON OF LATE NOBU ALI, RESIDENT OF VILLAGE FALIMARI PART-II, PS CHAPAR, DISTRICT DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY