Abdul Barek v. The State of Assam

ORDER

19.08.2024

¶1Heard Mr. S. M. Abdullah P, learned counsel for the petitioner Abdul Barek.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3

09.08.2024 in connection with Basistha Police Station Case No. 563/2024 corresponding to GR No. 4135/2024 under Sections 334(1)/305(A) of the BNS.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that in the morning of 02.08.2024, at around 6 a.m., the informant received information that there was a theft in his factory situated at Beharbari, Ward No. 27, AG Colony. When the informant reached the spot, he found that cash of Rs. 7 lacs was missing from the almirah which was broken and immediately the police was informed.

¶5It is submitted on behalf of the petitioner that the money which was missing was already seized from one, Bimal Shah which is also reflected in the FIR. It is also submitted that the money has already been recovered.

¶6It appears that investigation may have presumably progressed to a certain extent. The petitioner is willing to cooperate with the remaining part of the investigation. The petitioner is a local resident and he is not a flight risk.

¶7I have also considered the submission that further custodial detention may not be required for the progress of investigation.

¶8In 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) under the conditions that:

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

(ii) The petitioner shall appear before the Page No.# 3/3 Investigating Officer every fortnight till completion of the investigation, and

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

¶9On breach of any of the bail conditions, bail order shall stand automatically cancelled. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010168072024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2462/2024 ABDUL BAREK S/O SIDDIQUE ALI RESIDENT OF VILLAGE KATLAMARI RIVER BLOCK, PS FAKIRGANJ, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD IMRAN, MD R ISLAM,MR. S RAHMAN,MS F HUSSAIN,MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND