Md. Uji Ali v. The State of Assam

ORDER

27.05.2024

Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Md. Uji Ali, who was arrested on 22.04.2024 in Page No.# 2/3 connection with Satgaon P.S. Case No. 37/2024 corresponding to GR Case No. 1388/2024 under Section 379 of IPC. Case diary is received. Perused the same. It is alleged in the FIR that some unknown person had stolen the vehicle of the informant bearing Registration No. AS-01-JC-3186. On the basis of GPS location, two accused persons were arrested by the police, however, the stolen vehicle could not be recovered, as according to the said two accused persons, they handed over the said vehicle to the present petitioner. The material also suggest that the present petitioner had sold it to some person of Nagaland and the vehicle is not yet been recovered. However, considering the stage of investigation and the fact that these two accused persons including the petitioner had thoroughly been interrogated by the investigating officer, this Court is of the view that further custodial interrogation of the present petitioner may not be necessary in this case. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) 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 Page No.# 3/3 from disclosing such facts to the Court or to any police office. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010093832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1349/2024 MD. UJI ALI S/O BASU ALI, RESIDENT OF VILLAGE URIAMGHAT SONALI NAGAR, PS URIAMGHAT, DIST GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY