Ali Hussain and 2 Ors v. The State of Assam

ORDER

28.05.2024

Heard Mr. D. Gogoi, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioners, namely, (1) Ali Hussain, (2) Nur Khatun Bibi and (3) Almina Khatun, who were arrested on 04.03.2024 in connection with Chapar P.S. Case No. 30/2024 registered under Sections 302/120B of IPC. The petitioners have been in custody for last 84 days. The statutory period to complete the investigation is 90 days. The case diary called for has not been produced. However, Mr. B. Sarma, learned Additional Public Prosecutor for the State submits that the charge sheet has not yet been filed. Considering the above, more particularly, the period of detention, this Court is of the view that the further custody of the petitioners may not be necessary in this case.

Accordingly, it is directed that the petitioners, named above, be released on bail in connection with the case aforementioned, on their furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate (M), Bilasipara, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Sub Divisional Judicial Magistrate (M), Bilasipara, without prior written permission from him/her; Page No.# 3/3

(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 them 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

PageoNo.#o1/3 GAHC010098272024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1470/2024o ALIoHUSSAINoANDo2oORS.o S/OoLATEoNISHABUDDINoSK.o R/OoVILL-oDUDHNATHoPART-II,oP.S.oCHAPAR,oDIST.oDHUBRI,oASSAM 2:oNURoKHATUNoBIBI oW/OoALIoHUSSAINo R/OoVILL-oDUDHNATHoPART-oII o P.S.oCHAPAR o DIST.oDHUBRI oASSAM 3:oALMINAoKHATUN oD/OoALIoHUSSAINo R/OoVILL-oDUDHNATHoPART-II o P.S.oCHAPARo DIST.oDHUBRI oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oRoBORAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY