Manir Uddin Barbhuiya @ Maniruddin Borbhuyan @ Maniruddin Barbhuyan v. The State of Assam

ORDER Date : 26.06.2024

¶1Heard Mr. F. Khan, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State Respondent. Page No.# 2/3

¶2This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Manir Uddin Barbhuiya @ Maniruddin Borbhuyan @ Maniruddin Barbhuyan, who has been detained behind the bar since 10.05.2024 (for the last 44 days) in connection with Panbazar P. S. Case No. 86/2024 under Section 379 of the Indian Penal Code.

¶3The gist of accusation in this case is that on 19.04.2024 one Ramesh Nath had lodged an FIR regarding theft of his vehicle bearing Registration No. AS01FB7615.

¶4Learned counsel for the petitioner has submitted that though, the vehicle in question has been recovered from his possession, however, the same was parked in his compound on 07.05.2024 by one Jabed Hussain Barbhuyia, who is a resident of Dakshin Krishnapur in the Cachar district of Assam.

¶5On the other hand, learned Additional Public Prosecutor has produced the case diary of Panbazar P. S. Case No. 86/2024 and has submitted that the stolen vehicle has already been recovered and the investigation has also fairly progressed in this case.

¶6Considering the fact that the investigation has already progressed well, the stolen vehicle has been recovered as well as the petitioner has already been detained behind the bars for the last 47 days, his further custodial detention does not appear to be necessary for fair completion of the investigation of Panbazar P. S. Case No. 86/2024. Page No.# 3/3

¶7In view of the above, petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Kamrup (M) with the following conditions:- i. That the petitioner shall cooperate in the trial and shall appear before the Trial Court as and when so directed by the Trial Court without fail; ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any of the listed witnesses or any other person/persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts during the trial.

¶8With the above observation, this bail application is hereby disposed of.

¶9Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010121742024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1753/2024 MANIR UDDIN BARBHUIYA @ MANIRUDDIN BORBHUYAN @ MANIRUDDIN BARBHUYAN S/O LT. ALIM UDDIN BARBHUIYA R/O MANIPUR, PART-I, P.O. SILDUBI,P.S. SILCHAR DIST. CACHAR, ASSAM, PIN-788112 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H GUPTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA