Rabiul Hussain v. The State of Assam

ORDER

17.07.2024

¶1Heard learned counsel Mr. S. Munir for the petitioner Rabiul Hussain.

¶2This application has been filed by the petitioner under Section 439 of the Page No.# 2/3 Cr.PC with prayer for bail as he is behind bars since 05.06.2024 in connection with Gorchuk P.S. Case No. 169/2024 under Sections 120(B)/364(A)/392 of the IPC.

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

¶4The allegation against the petitioner is that he was involved in kidnapping the informant's elder brother Habibar Rahman for a ransom of Rs. 3 lacs.

¶5Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner.

¶6I have perused the Case Diary. Indeed, there are incriminating materials in the Case Diary against the petitioner.

¶7Investigation has progressed to a considerable extent.

¶8The petitioner has pledged to co-operate with the remaining part of the investigation, the petitioner is a local resident and not a flight risk. The petitioner has also pledged to abide by any stringent bail conditions if imposed upon him.

¶9Considering all aspects and in view of my foregoing discussions, the petitioner is enlarged on bail of Rs 50,000/- (Rupees fifty thousand), with a suitable surety of like amount to the satisfaction of Elaka Magistrate, under the conditions that:

(i) the petitioner shall refrain from such activities with Page No.# 3/3 which he is alleged,

(ii) the petitioner shall not exercise threats to the witnesses or temper with the evidence, and

(iii) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶10On breach of any of the bail conditions, bail order shall stand cancelled.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010125092024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1814/2024 RABIUL HUSSAIN S/O SONA MIYA R/O SATRAKONARA P.S. BAGHBAR DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND