Md. Afaj Ali v. The State of Assam

ORDER Date : 28.08.2024

Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent.

Page No.# 2/3 This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Nagaon P.S. Case No. 372/2024, under Section 392 of the India Penal Code.

It is submitted by Mr. Uddin, learned counsel for the petitioner, that the present accused/petitioner is shown arrested in connection with this case on

20.06.2024 and nothing has been seized from his possession. He is innocent and no way connected in the alleged offence. However, he is in custody for last 70 days and hence, considering his length of detention and also considering the ground of parity, as the co-accused has also been released on bail in connection with this case, he may be released on bail.

Mr. Lahkar, learned Additional Public Prosecutor, has submitted in this regard that the only ground of parity cannot be considered and hence, he raised objection.

Considering the submissions made by the learned counsels for both sides, without going by the merit of the case and only considering the length of detention already undergone by the present accused/petitioner and also on the ground of parity, I am of the view that the I.O. has got ample opportunity to interrogate the present accused/petitioner keeping him in custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary in this case.

Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- Page No.# 3/3 (Rupees thirty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon, the accused/petitioner, namely, Md. Afaj Ali, be enlarged on bail, subject to the following conditions:

(i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) that the 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

(iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Nagaon, without prior permission.

In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010150062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2215/2024 MD. AFAJ ALI S/O MD. DUWAD ALI, VILL- NO. 1 JAMBARI, P.S.-BOKO, DIST- KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N UDDIN, MD. SAFIQUL ISLAM,MR S K CHHETRY,MR. A HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA