Haidor Ali v. The State of Assam

ORDER Date : 27-07-2023 Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 By this application under section 439 Cr.P.C., the petitioner namely, Haidor Ali, is praying for bail in connection with Nagaon P.S. Case No. 602/2023, under section 120(B)/326/307 of IPC read with section 27(2) of Arms Act as the petitioner is behind bar since 30.06.2023 (31days). The accusation against the petitioner in this case is that on 26.06.2023, at about 8.30 pm when the son of the informant was closing his pharmacy situated at Chalchali, Nagaon, the accused person with intention to kill her son fire shot from a pistol and the caused serious injuries to her son. On receipt of the said FIR Nagaon P.S. Case No. 602/2023 was registered. The learned counsel for the petitioner submits that the petitioner has been falsely implicated by the first informant in the FIR. It is also stated that there is enmity between the present petitioner and the victim. Learned counsel for the petitioner have also submitted that the petitioner is behind the bar for last 31 days and prays for releasing him on bail taking into consideration of his length of detention. On the other hand learned APP has placed the case diary and submits that the victim has suffered injury on his back and the empty cartridges of the bullet was also recovered from the scene of crime. It is also submitted that though the victim has implicated the present petitioner. However, it appears that he strongly suspected the role of the present petitioner. I have considered the submission by the learned counsel for both sides also materials on record including the case diary it appears that only on the ground of suspicion the petitioner is named in the FIR. However apart from suspicion there is nothing in the case diary to implicate the present petitioner with the alleged offence. It also appears that the petitioner has already been detained behind bar for last 31 days. Page No.# 3/4 Considering the materials available in the case diary, this Court is of the opinion that same are not sufficient to justify the detention of the present petitioner behind the bar merely on the basis of suspicion. Moreover, if the present petitioner co-operates with the Investigation Officer his custodial detention does not appears to be necessary for fair completion of the trial of the case. In view of above discussions, the petitioner namely, Haidor Ali is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand only) with one suitable surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Nagaon in connection with Nagaon P.S. Case No. 602/2023, under section 120(B)/326/307 of IPC read with section 27(2) of Arms Act on the following conditions:

(i)That the petitioner shall not directly or indirectly make any threat or promise or induce any persons so as to dissuade him or her from disclosing any facts before the Investigating Officer or Court;

(ii)that the petitioner shall co-operate with the investigation as and when called for.

(iii) that the petitioner shall appear before the Investigating Officer Nagaon within 7 days on his release and shall continue to do so as and when required by the I.O for the sake of fair completion of the investigation

(iv) during the period of investigation, the petitioner shall also deposit his passport before Investigating Officer and shall not leave State of Assam without prior permission of the Investigating Officer. With the observations made above, the bail application stands disposed of.

JUDGE Page No.# 4/4 Comparing Assistant

Page No.# 1/4 GAHC010151622023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2412/2023 HAIDOR ALI S/O ABDUL MOZID VILL AND P.O. HATIZUZUA, P.S. JAJORI DIST. NAGAON, ASSAM, PIN-782122 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P MAHANTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA