Mutalim Ali v. The State of Assam

ORDER

28.06.2024 Heard Ms S G Baruah, learned counsel for the petitioner, Mutalim Ali, who has filed this application under Section 439 CrPC, with prayer for bail, as he is behind bars since

19.05.2024, in connection with Boginodi PS Case No. 13/2024, corresponding to GR Case No. 310/24, under Sections 365/34 IPC and added Section 370(4) IPC. Page No.# 2/3

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

¶4The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. The petitioner is booked under a serious offence. Investigation is still under progress and investigation may be adversely affected if the petitioner is enlarged on bail. The staggering magnitude of the offence does not entitle the petitioner to bail.

¶5It is submitted on behalf of the petitioner that the informant's mother boarded the vehicle and proceeded towards Chungkrang to hand over the victim as domestic help to the co-accused. The victim's grandmother is involved in human trafficking. The informant is the victim's mother. The petitioner is innocent.

¶6On the contrary, the learned Additional Public Prosecutor has submitted that the minor victim was only 12 years old when she was sold for a consideration. The Case Diary clearly reveals that the petitioner sold the victim like a commodity and committed an offence of human trafficking.

¶7I have perused the Case Diary.

¶8Indeed, there are incriminating materials against the petitioner. The victim is only 12 years old. Her statement has been recorded under Section 164 CrPC. The merits of this case are not brought to the fore as this case is still under investigation. However, the Case Diary reveals that investigation has progressed to a considerable extent. Further Page No.# 3/3 custodial detention may not be required.

¶9I have considered the submission that the petitioner will abide by any stringent bail conditions.

¶10Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with one suitable surety of the like amount to the satisfaction of the learned Elaka Magistrate, under the conditions that:-

i) the petitioner shall appear before the IO on every fortnight, till completion of investigation,

ii) the petitioner shall not exercise threats to the witnesses and try to influence the witnesses, and

iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. On breach of any of the bail conditions, the bail order shall stand cancelled.

¶11Bail Application stands disposed of.

¶12Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010121492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1754/2024 MUTALIM ALI S/O LATE HUSSAIN ALI VILL- JALUWABASTI P.O. KAKOI RAJGARH P.S. BOGINODI DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. S G BARUAH Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND