Rakibul Hussain v. The State of Assam

ORDER Date : 12-06-2024 Heard Mr. B Chowdhury, learned counsel for the petitioner and Mr. B Sarma, learned Addl. PP, Assam appearing for the state respondent. This application under section 439 of the Code of Criminal Page No.# 2/3 Procedure, 1973 is preferred by accused, namely, Rakibul Hussain who was arrested on 06.06.2024 in connection with Basistha PS Case No.404/2024 corresponding to GR Case No.3275/2024 under sections 379/411 IPC. The petitioner was arrested on 06.06.2024 and he is behind the bars since then. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Investigation is almost over and the accused has thoroughly been interrogated by the investigating agency. There is no legal evidence against the present petitioner to connect him with the alleged offence. The learned Addl. PP has also submitted that the petitioner has been thoroughly interrogated by the police. It is seen from the forwarding report that the stolen materials have already been recovered and the person who had committed the offence of theft has already been arrested. Considering the matter in entirety, more particularly, the period of detention and the fact that the stolen materials have already been recovered and the co accused has already been arrested, this court without commenting anything on the merits of the case is of the opinion that no further custodial interrogation/detention of the petitioner is required. Accordingly, the present application is allowed. It is directed that the petitioner, above named, in connection with the aforementioned case be released on bail on his furnishing a bond of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup

(M) with the following conditions: I. The petitioner shall not leave the territorial jurisdiction of Page No.# 3/3 the aforesaid police station without prior written permission from its officer in charge; II. The petitioner shall not hamper with the investigation of the case and tamper with the evidence of the case; III. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010118032024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1699/2024 RAKIBUL HUSSAIN S/O LATE INSAN ALI R/O VILL- SIJUBARI BYE LANE NO. 1, HOUSE NO. 5, P.S.HATIGAON, GUWAHATI-38, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY