Selim Ali v. The State of Assam

ORDER

04.06.2024

¶1Heard Mr. D. Medhi, learned counsel for the petitioner, Selim Ali.

¶2This application has been filed by the petitioner under Section 439 of the Page No.# 2/3 Cr.PC as he is behind bars since 27.04.2024 in connection with Noonmati P.S. Case No. 92/2024 under Sections 294/506/436 IPC.

¶3Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, for the respondent State.

¶4It is submitted on behalf of the petitioner that charge sheet has been laid against the petitioner, and he is willing to co-operate with the trial.

¶5He is willing to abide by any stringent conditions if imposed upon him.

¶6It is further submitted that a false case has been brought up against him. His family is suffering as he is the sole bread winner amongst his family.

¶7The petitioner has annexed statements of the witnesses under Section 161 Cr.PC.

¶8Ms. S. Jahan, learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner.

¶9I have considered the submissions at the Bar with circumspection.

¶10The petitioner is a local resident and he is willing to co-operate with the trial.

¶11In view of my foregoing discussions and considering all aspects, petition is Page No.# 3/3 allowed.

¶12The petitioner is enlarged on bail of Rs. 50,000/- (Rs. Fifty Thousand) with a suitable surety of like amount to the satisfaction of the Trial Court under the condition that;

(i) the petitioner shall refrain from such activities with which he is alleged;

(ii) the petitioner shall not go anywhere near the vicinity of the informant,

(iii) the petitioner shall not exercise threats to witnesses, and

(iv) the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of investigation.

¶13On breach of any of the bail conditions, bail order shall stand cancelled.

¶14In the above terms and observations, this Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010110292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1608/2024 SELIM ALI S/O ISLAM ALI R/O H. NO. 12, CHANDAN NAGAR, SHIV MANDIR PATH, P.S.NOONMATI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND