Rafiqul Islam v. The State of Assam

ORDER

28.05.2024 Heard Mr. N. J. Dutta, learned counsel for the petitioner. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Rafiqul Islam, who was arrested on 23.04.2024 in connection with Basistha P.S. Case No. 277/2024 under Section 380 of IPC. It is alleged that the petitioner has stolen certain materials from the backside of Sarusojai Stadium. The petitioner has been in custody for last 34 days. It is also seen from the record that the stolen material has also been recovered. Considering the nature of allegation and also considering the period of detention, this Court is of the view that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation. 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.10,000/- (Rupees Ten 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 Page No.# 3/3 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. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010104332024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1526/2024 RAFIQUL ISLAM S/O KHALIL ISLAM R/O VILL- KULUPARA P.S. TARABARI DIST. BARPETA, ASSAM TEMPORARY ADDRESS- DAKSHINGAON, SUNDARBAN NAGAR, P.S. HATIGAON, KAMUP (METRO), ASSSAM VERSUS THE STATE OF ASSAM REP BY PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY