Md. Safikul Islam and 3 Ors v. The State of Assam

ORDER

25.07.2024

¶1Heard learned counsel Mr. Abdul Mannaf for the petitioners namely, (i) Md. Safikul Islam, (ii) Md. Nazrul Haque @ Narjul Haque, and (iv) Md. Akram Ali.

¶2This application has been filed by the petitioners under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 04.06.2024 in connection with Halem P.S. Case No. 35/2024 under Sections 380/457/413 of the IPC.

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

¶4Learned Additional Public Prosecutor has submitted that the forwarding report itself reveals that the petitioners are complicit and materials have been recovered from their possession.

¶5The allegation against the petitioners is that the petitioners have committed theft of foreign liquor form 'Friendship wine' shop. The FIR was lodged on Page No.# 3/3

16.05.2024.

¶6It is submitted that further custodial detention for the progress of the investigation may not be required. It appears that investigation may have presumably progressed to a considerable extent.

¶7I have also considered the submission that the petitioners are willing to abide by any stringent bail conditions, if imposed upon them.

¶8The petitioners are local residents and they are not flight risks.

¶9Considering all aspects and in view of my foregoing discussions, Petition is allowed. The petitioners are enlarged on bail of Rs 30,000/- (Rupees thirty thousand) each, with a suitable surety of like amount to the satisfaction of the learned JMFC, Gohpur, Biswanath under the conditions that:

(i) the petitioners shall refrain from such activities with which they are alleged, and

(ii) the petitioners shall not leave the jurisdiction of the Court without prior permission.

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

PageoNo.#o1/3 GAHC010145912024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2134/2024o MD.oSAFIKULoISLAMoANDo3oORSo S/OoLATEoHAMJAoALI,oVILL-oAHOTA-BAKRIKUCHI,oP.S.-MUKALMUA,oP.O.- JOYSAGAR,oDIST-oNALBARI,oASSAM,oPIN-781126 2:oMD.oNAZRULoHAQUEo@oNARJULoHAQUE oS/OoMD.oRAZZAKoALI oVILL-oLOUTHARI oP.S.-MUKALMUA oP.O.-JOYSAGAR oDIST-oNALBARI oASSAM oPIN-781126 3:oMD.oBADIUDoJAMANoSARKAR oS/OoLATEoMAIDANoALIoSARKAR oVILL-oAHOTA-BAKRIKUCHI oP.S.-MUKALMUA oP.O.-JOYSAGAR oDIST-oNALBARI oASSAM oPIN-781126 4:oMD.oAKRAMoALI oS/OoLATEoDILBARoALI oVILL-oAHOTA-BAKRIKUCHI oP.S.-MUKALMUA oP.O.-JOYSAGAR oDIST-oNALBARI oASSAM oPIN-78112o VERSUSo THEoSTATEoOFoASSAMo Page No.# 2/3 REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A MANNAF Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND