Altaf Hussain v. The State of Assam

O R D E R

Date : 13.08.2024.

Heard Mr. F. Hoque, learned counsel for the accused/ petitioner, namely, Altaf Hussain.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as he is behind the bars since 11.07.2024, in connection with Hatigaon Police Station Case No.113/2024, Page No.# 2/3 under Section 379 of the Indian Penal Code.

¶3Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State. The learned Additional Public Prosecutor has submitted that there are some incriminating materials in the case diary against the petitioner.

¶4I have considered the submissions at the bar with circumspection. I have also considered the case diary.

¶5Indeed there are some incriminating materials in the case diary against the petitioner.

¶6I have considered the submission that the petitioner is not the prime accused, who is involved in the theft of the scooty. It is also submitted that the scooty was not recovered from the possession of the petitioner. I have also considered the submission that the petitioner is willing to cooperate with the remaining part of the investigation and to abide by any stringent bail condition imposed upon him. The petitioner is a local resident and he is not flight risk.

¶7In view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand), with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (M) at Guwahati, under the conditions that:

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

(ii) The petitioner shall co-operate with the remaining part of the investigation, and

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

¶8On breach of any of the above bail conditions, the bail order shall stand Page No.# 3/3 cancelled.

¶9In the above terms, this Bail Application stands disposed of. Send back the case diary forthwith.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010157832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2331/2024 ALTAF HUSSAIN S/O LATE RAJU ALI, R/O VILL- CHATLA, P.S.-SARTHEBARI, DIST-BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM. BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND