Taher Ali v. The State of Assam

ORDER Date : 29.08

. 2024

¶1Heard Mr. S. Islam, learned counsel for the petitioner, Md. Taher Ali, who has filed this bail application under Section 483 of BNSS, 2023, with prayer for bail as he is behind bars since 17.07.2024 in connection with Gorchuk P.S. Case No. 213/2024 under Sections 61(2)/ 303(2)/ 3(5) of BNS, 2023.

¶2Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent. Page No.# 2/3

¶3The FIR unfolds that on 14.07.2024, at about 12.00 noon, the informant parked his Tata Yodha Pick-up Van, bearing Registration No. AS-01-QC-6753, in front of his rented house at Paschim Boragaon. On 15.07.2024, at about 3.30 a.m., the vehicle was found missing at the parking place. The informant i.e. the owner of the vehicle has learnt that the vehicle was stolen under the leadership of one Md. Taher Ali.

¶4It is submitted by the learned Addl. Public Prosecutor that the petitioner is the prime accused and he is not entitled to bail as there are incriminating materials in the case diary against the petitioner.

¶5I have considered the submission at bar with circumspection. I have also scrutinized the case diary.

¶6There are indeed incriminating materials in the case diary against the petitioner. Investigation has progressed to a considerable extent. It appears that further detention may not be required for the progress of investigation. The petitioner is a local resident and he is willing to cooperate with the remaining part of investigation. The petitioner has pledged to abide by any stringent bail conditions, if imposed upon him.

¶7Considering all aspects, petition is allowed. The petitioner named above shall be enlarged on bail on furnishing a bond of Rs. 30,000/-with a suitable surety of like amount to the satisfaction of the learned, Chief Judicial Magistrate, Kamrup (M), Guwahti in connection with the aforesaid case under the following conditions that:-

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

(ii) the petitioner shall cooperate with the remaining part of investigation and will not jump the bail. Page No.# 3/3

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

¶8On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶9Bail application stands disposed.

¶10Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010158672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2339/2024 TAHER ALI S/O SUKUR ALI, VILL- RAMPUR, LARKUCHI, P.S.-MUKALMUA, DIST- NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A ALI, MR. R ISLAM,MR S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND