Rafikul Islam @ Rofiqul Ali v. The State of Assam and Anr

ORDER

12.06.2024 Heard Mr G Chamuah, learned counsel for the petitioner, Rafikul Islam @ Rofiqul Ali, who has filed this application under Section 439 of the Code of Criminal Procedure, 1973, with prayer for bail, as he is behind bars since 05.03.2024, in connection with Page No.# 2/2 Kokrajhar PS Case No. 28/2024, corresponding to GR Case No. 52/2024, registered under Sections 109/376 IPC.

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

¶4I have considered the length of detention as the petitioner is behind bars for 100 days and as charge sheet has not been submitted.

¶5Petition is thus allowed.

¶6The petitioner is enlarged on bail of Rs. 50,000/-, with a suitable surety of the like amount to the satisfaction of the learned CJM, Kokrajhar, under the conditions that-

i) the petitioner shall not go near the vicinity of the victim, and

ii) the petitioner shall not exercise threats to the witnesses. On breach of any of the bail conditions, bail order shall stand cancelled.

¶7Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010111962024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1633/2024 RAFIKUL ISLAM @ ROFIQUL ALI S/O MOHAMMOD HUSSAIN @ MAHAMMAD, R/O VILL- BETHAGAON, P.O.- BASHBARI, P.S. AND DIST-KOKRAJHAR, ASSAM, PIN-783337 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:JALKUMA BIBI W/O SANOWAR SK R/O VILL- BETHAGAON NALBARI, P.O.-BASHBARI P.S.-KOKRAJHAR DIST- KOKRAJHAR ASSAM, PIN-78333 Advocate for the Petitioner : MR G CHAMUAH Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND