Ismail Hussain v. The State of Assam

ORDER

31.07.2024

¶1Heard learned counsel Mr. S. Alom for the petitioner Ismail Hussain.

¶2This application has been filed by the petitioner under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 26.06.2024 in Page No.# 2/3 connection with Barpeta Road P.S. Case No. 74/2024 corresponding to GR No. 676/2024 under Sections 468/120(B)/420/471/467 of the IPC.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is submitted on behalf of the petitioner that he has been behind bars for 36 days and further custodial detention for the progress of the investigation may not be required. The petitioner has already co-operated with the investigation.

¶5The allegation against the petitioner is that he has forged marksheets and other documents.

¶6I have also considered the submission that the petitioner is willing to co-operate with the remaining part of the investigation and he is willing to abide by any stringent bail conditions, if imposed upon him.

¶7It appears that investigation may have presumably progressed to a considerable extent.

¶8The petitioner is a local resident and is not a flight risk.

¶9It is also submitted that further custodial detention may not be required for progress of investigation.

¶10Considering all aspects and in view of my foregoing discussions, Petition is allowed. The petitioner is enlarged on bail of Rs 30,000/- (Rupees thirty thousand), with a suitable surety of like amount to the satisfaction of the Page No.# 3/3 learned CJM, Barpeta under the conditions that:

(i) the petitioner shall refrain from such activities with which he is alleged,

(ii) the petitioner shall not interpolate or temper with the evidence, and

(iii) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶11On breach of any of the bail conditions, bail order shall stand cancelled. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010152572024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2221/2024 ISMAIL HUSSAIN S/O JASHIM UDDIN @ ZASIM UDDIN, R/O VILL- KALGACHIA, P.O.- KALGACHIA, P.S.-KALGACHIA, DIST- BARPETA, ASSAM, PIN-781319 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD. S ALOM, MR. M S ALAM,MS. A BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND