Saidul Islam and 3 Ors v. The State of Assam

ORDER Date : 09-08-2024 Heard Ms. A. Begum, learned counsel for the petitioners 1) Saidul Islam, 2) Asan Uddin, 3) Amir Khan and 4) Mohibul Miyah, who have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) with prayer for bail as they are behind bars since 14.07.2024 in connection Abhayapuri Police Station Case No. 170/2024 under Section 331(4)/305(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS for short).

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioners. Certain stolen articles have been recovered from the petitioners whereas one accused is still absconding and investigation may be adversely affected if the petitioners are admitted to bail.

¶3I have considered the submissions at the bar with circumspection.

¶4The allegation against the petitioners is that they are involved in committing theft from the shop of the informant. The articles are valued up-to the tune of Rs.2,00,000/- (Rupees Two Lacs).

¶5I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. However, I have considered the submission that the petitioners are willing to cooperate with the remaining part of the investigation. The Case Diary also reveals that investigation has also Page No.# 3/3 progressed to a considerable extent.

¶6Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioners are enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M) under the conditions that:

(i) The petitioners shall refrain from such activities with which they are alleged.

(ii) The petitioners shall not exercise threats to the witnesses and tamper with the evidence.

(iii) The petitioners shall cooperate with the investigation.

(iv) The petitioners shall not leave the jurisdiction of the jurisdictional Court without prior permission.

¶7On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶8In terms of the above observations, this Bail Application stands disposed of.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010148152024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2174/2024 SAIDUL ISLAM AND 3 ORS. S/O ABBAS ALI VILL- BARJANA PART-I, PS. JOGIGHOPA DIST. BONGAIGAON, ASSAM 2: ASAN UDDIN S/O ABBAS UDDIN VILL- NANGALKUR P.S. AND DIST. BARPETA ASSAM 3: AMIR KHAN S/O TOSER KHAN VILL- NO. BHATKUCHI NAGALKUR P.S. AND DIST. BARPETA ASSAM 4: MOHIBUL MIYAH S/O SADULLAH MIYAH VILL- NAGALKUR P.S. AND DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS A BEGUM, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND