Jinnat Alam v. The State of Assam

ORDER

07.06.2024 Heard Mr T J Mahanta, learned Senior Counsel for the petitioner, Jinnat Anam.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973, with prayer for bail, as he is behind bars since 30.04.2024, in connection with Hatigaon PS Case No. 83/2024, corresponding to GR Case No. Page No.# 2/3 2476/24, under Section 376 of the Indian Penal Code, 1860.

¶3Heard Mr P S Lahkar, learned Additional Public Prosecutor for the State of Assam.

¶4The allegation against the petitioner is that he observed nikaah with the victim and thereafter, promised to observe social marriage with the victim. The victim with such misconception of facts entered into a relationship with the petitioner, but the petitioner cheated the victim and did not observe social marriage with the victim.

¶5The learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner.

¶6I have scrutinized the Case Diary.

¶7Indeed, there are incriminating materials in the Case Diary against the petitioner.

¶8However, investigation has progressed to a considerable extent.

¶9It appears that further custodial detention may not be required for the progress of investigation.

¶10The petitioner is a local resident and he has pledged to cooperate with the remaining part of investigation.

¶11Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with one surety of the like amount to the satisfaction of the learned CJM, Kamrup (Metro).

¶9With the above directions, this bail application stands disposed of. Page No.# 3/3

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010106622024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1552/2024 JINNAT ANAM S/O LT. ABUL KHEYAR ANAM, H/NO.-G-14, BRAHMAPUTRA HOUSING SOCIETY, HATIGAON, GUWAHATI, ASSAM, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T J MAHANTA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND