Imran Hussain @ Iman Ali v. The State of Assam

ORDER

17.07.2023 Heard learned counsel for the accused petitioner and Mr. K.K. Parasar, learned Addl. PP for the State.

¶2This bail application has been filed by the petitioner, namely, Imran Hussain @ Iman Ali seeking bail in connection with Hajo P.S. Case No. 243/2023 under Sections 365/328/376D/395 of the IPC. The petitioner was arrested on Page No.# 2/3

11.04.2023 and since then he has been in custody.

¶3The earlier bail application filed by the petitioner stood rejected by this Court vide order dated 05.06.2023 passed in B.A. No. 1659/2023

¶4It is seen that the petitioner has completed the mandatory period in custody as prescribed by the statute.

¶5The learned Addl. PP for the State submits that charge-sheet in the matter has not yet been filed and the investigations have not been completed.

¶6The learned counsel for the petitioner submits that the petitioner be directed to be released on default bail as his rights under Section 167 Cr.P.C have since accrued.

¶7Having heard the learned counsels for the parties and upon perusal of the bail petition, it is seen that the mandatory period as prescribed under the statute has been completed and the petitioner is still in custody and charge-sheet has not yet been filed. As has been held in Rakesh Paul Vs. State of Assam, reported in (2017) 15 SCC 67 and M. Ravindran Vs. Intelligence Officer, Directorate of Revenue Intelligence, reported in (2021) 2 SCC 485 when the accused applies for bail under Section 167(2) Cr.P.C. upon expiry of the statutory period, the Court must release him on bail forthwith if the charge-sheet has not been filed. The rights of the accused-petitioner under Section 167 can also be enforced orally as has been held by the Apex Court in Rakesh Paul (Supra). Considering the length of detention and considering the prayer made by the learned counsel for the accused-petitioner invoking his right under Section 167(2) of the Cr.P.C., this Court taking note of the law laid down by the Apex Court, hereby directs the accused-petitioner to be released on bail.

¶8Accordingly, the accused-petitioner, named above, shall be released on Page No.# 3/3 default bail in connection with the aforementioned case, on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand Only) with one local surety of like amount to the satisfaction of the Court of Chief Judicial Magistrate, Kamrup subject, of course, to the following conditions:

(i) That the accused-petitioner shall appear before the Investigating Officer on each and every date till completion of the investigation;

(ii) That the accused-petitioner shall not hamper or tamper with the investigation in any manner;

(iii) That the accused-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

(iv) That the accused-petitioner shall not move out the jurisdiction of the Hajo Police Station without permission of the concerned Court.

¶9In terms of the above, the bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010147442023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2366/2023 IMRAN HUSSAIN @ IMAN ALI S/O- ABDUS SAMAD ALI, VILL- TAPOBORI, P.O. HAJO P.S. HAJO, DIST.- KAMRUP (ASSAM), PIN- 781102 VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA