Saddam Ali v. The State of Assam

ORDER Date : 28-06-2024 Heard Mr. W. Rahman, learned counsel for the petitioner Saddam Ali, who has filed this application under Section 439 of Code of Criminal Procedure, 1973 (CrPC for short) with prayer for bail as he is behind bars since 17.05.2024 in Page No.# 2/2 connection with Hajo Police Station Case No. 132/2024 registered under Sections 365/376(D) of the Indian Penal Code, 1860 (IPC for short).

¶2Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the State respondent. It is submitted by the learned Additional Public Prosecutor that there are incriminating materials in the Case Diary against the petitioner. The petitioner is not entitled to bail. The staggering magnitude of the offence does not entitle the petitioner to bail.

¶3The learned counsel for the petitioner has submitted that the prime accused is the accused No. 1 named in the FIR and the present petitioner is not complicit.

¶4In this case the FIR reveals that the victim was kidnapped by the accused No. 1 and the other accused which also includes the present petitioner made an attempt to sell the victim.

¶5I have scrutinized the Case Diary. There are incriminating materials in the Case Diary against the petitioner. One accused is yet to be arrested. It appears that investigation may be adversely affected if the petitioner is enlarged on bail. The allegations are of kidnapping, gang rape and human trafficking. At this juncture, I am not inclined to grant bail in favour of the petitioner.

¶6Petition stands rejected at this stage.

¶7Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010115242024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1678/2024 SADDAM ALI S/O SAHAR ALI VILL- BHANGNAMARI, DIST. NALBARI, ASSAM PIN-781126 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. W RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND