Mafizul Islam v. The State of Assam

ORDER

25.06.2024

¶1Heard Mr. K. Thakur, learned counsel for the petitioner.

¶2This application has been filed by the petitioner under Section 439 of the Page No.# 2/2 Cr.PC with prayer for bail as he is behind bars since 02.05.2024 in connection with Garchuk P. S. Case No. 134/2024 under Section 366 of the IPC.

¶3Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Learned Additional Public Prosecutor has raised serious objection against the petitioner. The allegation against the petitioner is that the petitioner abducted the 14 year old victim. It is submitted on behalf of the petitioner that a false case has been slammed against him. The petitioner himself is of tender age i.e., only 19 years old.

¶5It is submitted on behalf of the petitioner that the petitioner is willing to co-operate with the remaining part of the investigation.

¶6I have scrutinized the Case Diary. Investigation has progressed to a considerable extent.

¶7It appears that bail may be granted. The petitioner is a local resident and is not a flight risk. The petitioner is willing to abide by any stringent bail conditions that may be imposed upon him.

¶8Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶9Petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup(M).

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010120522024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1745/2024 MAFIZUL ISLAM S/O MD. ABDUL MAJID R/O GABRDHANA DIST. BAKSA, ASSAM PRESENT ADDRESS- PAMOHI, P.S. GARCHUK, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND