Kalam Sheikh v. The State of Assam

ORDER

26.06.2024

¶1Heard learned counsel Mr. S. N. Tamuli for the petitioner, Kalam Sheikh.

¶2This application has been filed under Section 439 of the Cr.PC with prayer for Page No.# 2/3 bail as he is behind bars since 11.06.2024 in connection with Jalukbari P.S. Case No. 285/2024 under Sections 120(B)/392/34 of the IPC.

¶3Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that on 10.06.2024, at about 10:10 a.m., the informant along with his wife and sister were proceeding from Dhupdhara in a city bus towards Machkhowa. At that time, three miscreants boarded a bus and one of them pretended to vomit and then there was a chaos. The informant found Rs. 35,000/- missing from his pocket. Meanwhile, three miscreants escaped from the bus. The petitioner was arrested in connection with this case.

¶5It is submitted on behalf of the petitioner that there is no direct allegation against the petitioner. He was thus arrested on suspicion.

¶6I have considered the submissions at the Bar with circumspection.

¶7It appears that further custodial detention may not be required for progress of the investigation.

¶8Investigation has progressed to a considerable extent.

¶9In view of my foregoing discussions, petition is allowed.

¶10The petitioner is enlarged on bail of Rs. 30,000/- (Rs. Thirty Thousand) with a suitable surety of like amount to the satisfaction of the Elaka Magistrate under the condition that;

(i) The petitioner shall refrain from such activities with which he is alleged, Page No.# 3/3 On breach of any of the bail conditions, bail order shall stand cancelled.

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010122972024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1775/2024 KALAM SHEIKH S/O ALI AZGOR RESIDENT OF SRIGRAM PART 6,PO HATIPOA, PS CHAPOR, DIST DHUBRI, ASSAM 783371 PRESENTLY RESIDING AT HOUSE NO. 1, PUBERUN PATH, BAGHORBORI, PO PANJABARI, PS SATGAON, DIST KAMRUP M ASSAM 781037 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MS P DEKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND