Salim Ali v. The State of Assam

ORDER Date : 02.06.2023 Heard Mr. J. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4

¶2The bail application has been preferred by the petitioner, namely, Salim Ali seeking bail in connection with Geetanagar P.S. Case No. 68/2023 registered under Section 392 of IPC. The petitioner was arrested on 09.04.2023 and since then he has been in custody.

¶3This Court by earlier order dated 11.05.2023, had called for the case dairy. And Mr. B. B. Gogoi, learned Addl. P.P has produced the case diary before this Court as called for.

¶4Case diary produced has been carefully perused. Upon careful perusal of the case dairy, it is seen that no materials are found which incriminate the petitioner at the stage of investigation.

¶5The allegations made in the FIR that golden chain weighing 10 grams with locket containing 7 nos of diamond stone was snatched away from the body of the informant by two miscreants who came on a bike.

¶6From the case dairy, it is seen that no such recovery has been made from the possession of the petitioner. Perusal of the case dairy otherwise, does not reveal any incriminating materials against the petitioner, which suggest that further custodial detention of the petitioner is necessary for the purpose of investigation of the case.

¶7Upon hearing the learned counsels for the parties and upon due perusal of the case dairy and also taking into account the period of detention undergone by the petitioner, this Court is of the view that the prayer for bail made by the Page No.# 3/4 petitioner can be allowed.

¶8Accordingly, petitioner is directed to be released on bail forthwith subject to executing a bail bond of Rs.30,000/-(Rupees thirty thousand) only with one local surety of like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup (M). The bail, granted however, subject to the following conditions:-

i) The petitioner shall continue to appear before the police and cooperate with the Investigating Officer as and when required, till completion of investigation.

ii) The petitioner shall not change his residence or place of business, without prior written permission from the Court of Chief Judicial Magistrate, Kamrup (M).

iii) That the petitioner shall not hamper or tamper with the investigation in any manner; and

iv) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

¶9If any of the conditions are found to be violated by the petitioner then the Investigating Officer shall be at liberty to Page No.# 4/4 seek cancellation of the bail granted to the accused.

¶10With the above direction, the bail petition is accordingly allowed and disposed of.

¶11Return the Case Dairy.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010097542023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1627/2023 SALIM ALI S/O ATOWAR RAHMAN R/O HOUSE NO. 06, NOTBAMA ( HOUSE PARK), HATIGAON P.S. HATIGAON, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA