Chabitulla Ali @ Safitulla Ali v. The State of Assam

ORDER Date : 31-07-2024 Heard Mr. A.K. Singh, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 483 of the BNSS seeking bail by the accused/petitioner, namely, Chabitulla Ali @ Page No.# 2/3 Safitulla Ali, who was arrested on 11.05.2024 in connection with Hatigaon P.S. Case No. 87/2024 registered under Section 457/380 of IPC. The petitioner was arrested on 11.05.2024 and since then, he is in custody. The offences alleged are under Section 457/380 of IPC. The co-accused have already been granted bail by this court. The learned counsel for the petitioner submits that the no charge sheet has been filed by the I/O till date. The material so far collected by the investigating officer, reveals that the petitioner has thoroughly been interrogated and the petitioner co-operated with the investigation. Considering the stage of investigation as well as the period of detention, this Court is of the view that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case Page No.# 3/3 and tamper with the evidence of the case;

(c) 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. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010146692024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2196/2024 CHABITULLA ALI @ SAFITULLA ALI S/O JAMAL ALI, R/O VILL-CHATLAPARA, P.S.-HAJO, DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A K SINGH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY