Sahidul Islam v. The State of Assam

ORDER

28.05.2024

Heard Mr. A. Paramanik, learned counsel for the petitioner. Also heard Mr. K. K. Parashar, 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, Sahidul Islam, who was arrested on 14.05.2024 in Page No.# 2/3 connection with Basistha P.S. Case No. 230/2024 registered under Sections 420/406 of IPC. The allegation made in the F.I.R. is that the vehicle of the informant was taken way by the present petitioner on the pretext that he will buy the aforesaid vehicle, however, he did not return the vehicle. Subsequently, the petitioner was arrested. The vehicle was recovered from his possession. The case diary is received. Perused the same. Perusal of the case diary, it is revealed that the petitioner has thoroughly been interrogated by the investigating officer. As the vehicle has already been recovered and the petitioner has thoroughly been interrogated, this Court is of the view that the further custody of the petitioner may not be necessary in this case inasmuch as the investigation has substantially been progressed. 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.25,000/- (Rupees Twenty Five 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 from disclosing such facts to the Court or to any police office. In terms of the above, this bail application stands disposed of. Page No.# 3/3 Return back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010100482024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1447/2024 SAHIDUL ISLAM S/O LATE AMIR HAMZA, RESIDENT OF NO. 3 NO. TUPAMARI, PS NAGARBERA, DIST KAMRUP R ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. A PARAMANIK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY