Abdulla Ahmed @ Maina v. The State of Assam

ORDER Date : 19 .08. 2024 Heard Mr. K. Barah, learned counsel for the petitioner and Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State respondent. The present bail application is filed under Section 439 Cr.P.C, 1973. and under Section 483 of BNSS,2024, seeking regular bail by the petitioner, namely Sri Abdulla Ahmed @ Maina in connection with Hatigaon P.S. Case No. 53/2024 under Sections 406/ 420/ 468/ 34 IPC. The case diary is produced by the learned Addl. Public Prosecutor and perused the same. Page No.# 2/2 The petitioner was arrested on 25.06.2024 and since then the petitioner is in judicial custody. The case diary reveals that the petitioner has thoroughly been interrogated by the Investigating Officer. The case diary further reveals that the investigation is in the final stage and the statement of the witnesses has already been recorded. Certain materials have already been seized. Considering the stage of investigation and the period of detention, this Court is of the view that further custodial interrogation is not necessary. In view of the above, the accused/ petitioner named above is directed to be released on bail on furnishing a bond of Rs. 25,000/-(Rupees twenty five thousand only) with 1 (one) surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati. The direction for bail is however, subject to the following conditions:-

(i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

(iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kamrup (M), without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010140352024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2049/2024 ABDULLA AHMED @ MAINA S/O LATE ABDUL KHALEK, R/O NO. 1 KHUMTAI, P.S.-MORANHAT, DIST- CHARAIDEO, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY