Altaf Ali @ Rampu Ali v. The State of Assam

ORDER

08.06.2023 Heard Mr. T. Deuri, learned counsel appearing for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

¶2The bail application has been preferred by the petitioner, namely, Sri Altaf Ali @ Rampu Ali who is seeking bail in Page No.# 2/4 connection with Hatigaon P.S. Case No. 166/2023 registered under Sections 341/326/307 of IPC. The petitioner was arrested on 01.05.2023 and since then he has been in custody.

¶3The learned counsel for the petitioner submits that by an FIR dated 01.05.2023 was lodged by the informant, one Jagadish Gogoi, wherein it was alleged that the petitioner who was the accused person, had assaulted the informant with a sharp weapon causing injuries and had also threatened him. Because of the injuries sustained, the informant was treated in Gauhati Medical College and Hospital through the Hatigaon Police. It is submitted by the learned counsel for the petitioner that there was some quarrel with the informant but no assault as such was caused as alleged in the FIR. Learned counsel for the petitioner further submits that the informant and the petitioner are known to each other since several years past and no such enmity exist between the petitioner and the informant as alleged in the FIR.

¶4This Court by earlier order dated 24.05.2023 had called for the case dairy. And Mr. B. B. Gogoi, learned Addl. P.P has produced the case diary before this Court as called for. Case Diary produced have been carefully perused.

¶5From the Injury Report it is seen that the injury sustained by the informant is stated to be simple in nature. The matter is still under investigation and investigation has progressed. The statements of the accused person and other witnesses have been recorded. Page No.# 3/4

¶6No materials are also seen to suggest that release of the petitioner on bail at the stage will hamper the further investigation. Considering the progress of investigation carried on and also in the absence of any specific materials to suggest that release of the petitioner on bail at this stage will cause impediment to the investigation carried on and upon hearing the learned counsels for the parties and upon due perusal of the case dairy and also taking into account the period of detention undergone by the petitioner, this Court is of the view that the prayer for bail made by the petitioner can be allowed.

¶7Accordingly, petitioner is directed to be released on bail forthwith subject to executing a bail bond of Rs.25,000/-(Rupees twenty five thousand) only with one local surety of like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup (M). The bail, granted however, subject to the following conditions:-

i) The petitioner shall continue to appear before the police and cooperate with the Investigating Officer as and when required, till completion of investigation.

ii) The petitioner shall not change his residence or place of business, without prior written permission from the Court of Chief Judicial Magistrate, Kamrup (M).

iii) That the petitioner shall not hamper or Page No.# 4/4 tamper with the investigation in any manner; and

iv) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

¶8If any of the conditions are found to be violated by the petitioner then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the accused.

¶9With the above direction, the bail petition is accordingly allowed and disposed of.

¶10Return the Case Dairy.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010110532023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1809/2023 ALTAF ALI @ RAMPU ALI S/O- SRI AFSAR ALI, R/O- HOUSE NO. 35, BISHNUJYOTI PATH, HATIGAON, P.S. HATIGAON, DIST. KAMRUP, ASSAM, PIN- 781038. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA