Abdul Motaleb Sk v. The State of Assam

ORDER

07.08.2024

Heard Ms. M. Das, learned counsel appearing for the accused petitioner as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of BNSS, 2023, the accused-petitioner, namely, Abdul Motaleb Sk, has prayed for grant of bail in connection with Kazigaon P.S. Case No.24/2024 under Sections 303(2)/317(2)/317(4) of Page No.# 2/3 BNS, R/ W Section 13(1), ACP, Act. It is submitted by the learned counsel for the petitioner that the petitioner is no way connected with the alleged offence. He was found on the spot and arrested by police purely on suspicion. He was not the driver of the vehicle, nor the owner of the cattle. It is further submitted that the petitioner has been languishing in judicial custody for almost one month. Considering the length of detention, prayer for bail may be considered. Mr. B. Sarma, learned Additional Public Prosecutor has produced the case diary and submits that the petitioner was found on the spot along with the vehicle. He was the handyman of the vehicle and the other accused who was the driver. However, length of detention, may be considered. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kokrajhar. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kokrajhar without prior written permission from him/her;

(b) shall not hamper with the investigation, or 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. Page No.# 3/3 In terms of the above, this bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010147832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2150/2024 ABDUL MOTALEB SK S/O FAJAR ALI SK., R/O VILL- SALDHOWA, P.S.-LAKHIPUR, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MOLLAH, MS M DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI