Sofiqul Ali v. The State of Assam

ORDER Date : 18-06-2024 Heard Mr. B. Chowdhury, learned counsel for the petitioner Md. Sofiqul Ali.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973 as he is behind bars since 06.04.2024 in connection Page No.# 2/3 with Mukalmua Police Station Case No. 62/2024 corresponding to G.R. Case No. 224/2024 under Sections 120(B)/302 of the Indian Penal Code, 1860.

¶3Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Case Diary is received without the FSL report.

¶5Seen the Post-Mortem report and the statements of the witnesses. Perused the Case Diary.

¶6The learned Additional Public Prosecutor has raised objection stating that the FSL report and further investigation is necessary to consider the bail petition.

¶7I have considered the submissions at the bar with circumspection.

¶8Investigation has progressed to a considerable extent. The petitioner is a local resident and he has pledged to cooperate with the investigation. The learned counsel for the petitioner has submitted that the petitioner is behind bars only on suspicion, which has infringed into his fundamental rights.

¶9I have considered the submission that the petitioner is a local resident and he is not a flight risk. Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶10The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari under the conditions that:

(i) The petitioner shall not exercise threats to the witnesses.

(ii) The petitioner shall not leave the jurisdiction of the jurisdictional Court without permission. Page No.# 3/3

¶11On breach of any of the bail conditions, bail order shall stand cancelled.

¶12In the above terms this Bail Application stands disposed of.

¶13Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010089342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1318/2024 SOFIQUL ALI S/O LATE MUSTAKIN ALI R/O VILL- NARAYANPUR RESERVE P.O. NARAYANPUR P.S. MUKALMUA DIST. NALBARI, 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 HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND