Chesterfield Marak (Momin) v. The State of Assam

ORDER

15.05.2024

Heard Mr. K. K. Handique, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent. This application filed under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot since 08.04.2024 in connection with Agia P.S. Case No. 28/2024, registered under Sections 376/506 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner, Mr. Handique that the accused/petitioner developed some cordial relationship with the informant and there was also consensual relationship between the parties. But, the informant lodged the FIR alleging that the petitioner cheated her with false promise of marriage and accordingly, she lodged an FIR with some false and concocted allegation against the accused/petitioner. He further submitted that the accused/petitioner is behind the bar since 08.04.2024 and thus, the I.O. got sufficient time for his custodial interrogation keeping him in the custody and hence, considering his length of detention, he may be enlarged on bail. Further, the accused/petitioner is ready and willing to co-operate the IO, as and when his cooperation will be needed.

In this context, the learned Additional Public Prosecutor, Mr. Goswami has submitted the Case Diary along with the statement of the victim recorded under Section 164 of Cr.P.C. will be required at this stage to unearth the facts of the case and accordingly, he requested to call for the same.

Page No.# 3/3 After hearing the submissions made by the learned counsels of both sides and also considering the materials available in the case record, more particularly the statement made in the FIR, I am of the view that the I.O. has got ample opportunity to interrogate the accused/petitioner keeping him in custody and accordingly, I find that further custodial interrogation of the accused/petitioner is not necessary here in this case.

Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Goalpara, the accused/petitioner, namely, Chesterfield Marak (Momin), be enlarged on bail, subject to the following conditions:

(i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) that 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 him from disclosing such facts to the Court or to any police officer; and

(iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Goalpara, without prior permission.

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

PageoNo.#o1/3 GAHC010092622024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1383/2024o CHESTERFIELDoMARAKo(MOMIN)o S/OLT.oBREZITISONoMARAKo R/OoVILL-oCHANDAMARIo P.S.oAGIAo DIST.oGOALPARA VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oKoKoHANDIQUEo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA