Gulam Osmani v. The State of Assam

ORDER Date : 25.06.2024

¶1Heard Mr. M. Ali, learned counsel for the petitioners. Also heard R. R. Kaushik, learned Additional Public Prosecutor for the State.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioners, namely, (1) Gulam Osmani, (2) Sahinur Islam, (3) Abu Sama, (4) Mabinur Rahman, and (5) Sikandar Badshah, who are detained behind the bars since 31.05.2024 (for the last 25 days) in connection with Bongaigaon P.S. Case No.196/2024 under Section 380 of the Indian Penal Code.

¶3The gist of accusation in this case is that on 30.05.2024, one Prakash Jojo had lodged an FIR before the Officer-in-Charge of Bongaigaon Police Station, inter-alia, alleging that on 28.05.2024 at night someone has stolen one cow from his cowshed and four more cows from the co-villagers.

¶4The learned counsel for the petitioners has submitted that the petitioners are not named in the FIR, while they were returned back from Page No.# 3/4 Bongaigaon town to Abhayapuri trip in their vehicles bearing Registration No. AS19AC5141 and AS18AC5331.

¶5It is submitted by the learned counsel for the petitioners that the petitioner Nos. 1 and 2 are the owners of the said vehicle respectively and the other petitioners are the laborers and they are apprehended merely on the basis of suspicion.

¶6On the other hand, learned Additional Public Prosecutor, has produced the case diary of Bongaigaon P.S. Case No.196/2024 and has submitted that the stolen cows have been recovered and the investigation has fairly progressed.

¶7Considering the submission made by the learned counsel for both the sides as well as considering the materials available before this Court including the case diary of Bongaigaon P.S. Case No.196/2024, this Court is of considered opinion that further custodial detention of the present petitioners may not be necessary for fair completion of the investigation of Bongaigaon P.S. Case No.196/2024.

¶8In view of above, all the above-named petitioners are hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon subject to the following conditions: i. That the petitioners shall co-operate in the investigation. ii. That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such Page No.# 4/4 person from disclosing such facts of the case before the Investigating Officer.

¶9With above observation, this bail application is thereby disposed of.

¶10Send back the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010116722024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1680/2024o GULAMoOSMANIo S/OoMAZURoALI,o RESIDENToOFoPAHAKATA,oPSoMERERCHARoDISToBONGAIGAON,oASSAM 2:oSAHINURoISLAM oS/OoMD.oBADIUToJAMAN o RESIDENToOFoVILLAGEoKUSHBARIoPARToII oPSoABHAYAPURI oDISToBONGAIGAON oASSAM 3:oABUoSAMA oS/OoLATEoABDULoJALILo RESIDENToOFoVILLAGEoKUSHBARIoPARToI oPSoABHAYAPURI oDISToBONGAIGAON oASSAM 4:oMABINURoRAHMAN oS/OoMONUWARoHUSSAINo RESIDENToOFoVILLAGEoKUSHBARIoPARToI oPSoABHAYAPURI oDISToBONGAIGAON oASSAM 5:oSIKANDARoBADSHAH oS/OoLATEoIMANoALI o RESIDENToOFoVILLAGEoSANTOSHPUR oPSoABHAYAPURI oDISToBONGAIGAON oASSAo Page No.# 2/4 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : H R KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA