Mahibar Rahman and 3 Ors v. The State of Assam

ORDER

22.05.2024 Heard Mr N Uddin, learned counsel for the petitioners, 1) Mahibar Rahman, 2) Rinku Ali, 3) Ramjan Ali and 4) Ajij Ali @ Kolu.

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure, 1973, with prayer for bail, as they are behind bars since 31.03.2024, in connection with Hajo PS Case No. 103/2024, registered under Section 399 IPC.

¶3Heard Mr D Das, learned Additional Public Prosecutor for the State of Assam.

¶4The FIR unfolds that a tip-off was received by the informant about a gang of burglars, dacoits, who were roaming around Agyathuri, Pacharia, and Dadara area. During naka-checking, they were apprehended by the informant and his team. The miscreants were allegedly proceeding in one EON car bearing Registration No. AS-01/HC-2339, towards Chessa on Guwahati-Barpeta Road. They disobeyed the Police signal and proceeded towards Chessa. The Police team pursued them and intercepted the EON car at Singimari Chowk. One gang member, namely, Muktar Ali managed to flee. 4

(four) machete and 2 (two) strings of plastic ropes were recovered from the car. Page No.# 3/3

¶5It is submitted on behalf of the petitioners that the petitioners were apprehended on speculation, without any valid reason. Thereafter, they were forwarded to custody and since then, they have been languishing in the jail.

¶6I have considered the submissions at the Bar with circumspection and I have also scrutinized the Case Diary,

¶7The Case Diary reveals that investigation has progressed to a considerable extent.

¶8It appears that further custodial detention may not be required for the progress of investigation.

¶9The petitioners are local residents and they have pledged to cooperate with the investigation.

¶10In view of my foregoing discussions, petition is allowed. The petitioners are enlarged on bail of Rs. 50,000/- each, with one surety of the like amount to the satisfaction of the learned JMFC, Hajo, under the condition that the petitioners shall refrain from such activities under which they are alleged, failing which, bail order shall stand cancelled.

¶11With the above directions, this bail application stands disposed of.

¶12Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010075312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1070/2024o MAHIBARoRAHMANoANDo3oORS.o S/OoLATEoMAJULoALIo VILL-oGOLDIGHOLA,P.S.oMUKALMUAo DIST.NALBARI,oASSAM 2:oRINKUoALI oS/OoCHANDoMOHAMMADoALIo@oSANDOo VILL-oGOLDIGHOLA oP.S.oMUKALMUAo DIST.oNALBARI oASSAM 3:oRAMJANoALI oS/OoNURoKARIMoALIo VILL-oGOLDIGHOLA oP.S.oMUKALMUAo DIST.oNALBARI oASSAM 4:oAJIJoALIo@oKOLU oS/OoLATEoMALIMoALIo VILL-oADHIARPARA oP.S.oHAJOo DIST.oKAMRUP oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM Page No.# 2/3 Advocate for the Petitioner : MR. N UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND