Md. Kajim Uddin Ali v. The State of Assam

ORDER Date : 28.08.2024

Heard Mr. S. A. Ahmed, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent.

Page No.# 2/4 This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Sorbhog P.S. Case No. 38/2024, under Sections 365/392 of the India Penal Code (corresponding to G.R. Case No. 383/2024)

It is submitted by Mr. Ahmed, learned counsel for the petitioner, that this is a subsequent bail application filed by the petitioner after the rejection of his earlier bail petition vide order dated 15.07.2024. He further submitted that the case has already been charge-sheeted, but till date, the trial has not been commenced as one of the co-accused is shown as absconder in the Charge-Sheet. However, he submitted that 4 (four) numbers of accused persons were already been granted bail by this Court vide order dated 31.07.2024, in Bail Appln. No. 2214/2024, who were also arrested in connection with this case. The present accused/petitioners were arrested on 27.03.2024 and since then, they are behind the bar and hence, considering their length of detention and also considering the ground of parity, they may be enlarged on bail. Further he submitted that the present accused/petitioner is a permanent resident of his addressed locality and there is no chance of absconding.

Mr. Lahkar, learned Additional Public Prosecutor, has submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner. However, he submitted that considering the fact that the trial has not yet been commenced, his bail prayer may be considered.

After considering the submissions made by the learned counsels for both sides, I have also perused the scanned copy of the case record and it reveals Page No.# 3/4 that there are sufficient incriminating materials against the present accused/petitioner. However, considering the fact that the trial has not yet been commenced and also considering the fact that the other co-accused are already allowed to go on bail by this Court, I am of the view that on the ground of parity, the bail petition of the present accused/petitioner can also be considered.

In view of above and also considering all aspects of the case, I am of the view that further custodial detention of the present accused/petitioner is not necessary here in this case.

Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- (Rupees thirty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta, the accused/petitioner, namely, Md. Kajim Uddin Ali, be enlarged on bail, 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, Barpeta, without prior permission. Page No.# 4/4

In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010141602024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2073/2024 MD. KAJIM UDDIN ALI S/O LT. SAHAR ALI, R/O VILL- 5 NO. BASBARI, P.S.-MANIKPUR, DIST- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S A AHMED, C S KAMTHONG,A. KHANAM,MR. F A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA