Munni Bibi and Anr v. The State of Assam

ORDER Date : 14-08-2023

¶1Heard Mr. U.K. Barman, learned counsel for the applicants and Mr. P Borthakur, learned Addl. PP, Assam appearing for the state respondent. Page No.# 2/3

¶2This application under section 439 of the Code of Criminal Procedure, 1973 is preferred by accused, namely, 1. Munni Bibi & 2. Taibur Rahman who were arrested on 19.06.2023 in connection with the Changsari PS Case No.204/2023 under sections 120(B)/420/406 IPC.

¶3The petitioner were arrested on 19.06.2023 and they are behind the bars since then.

¶4Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. Investigation is almost over and statement of accused persons have thoroughly been interrogated by the investigating agency. There is no legal evidence against the present applicants to connect them with the alleged offence. The learned Counsel further submits that the applicant are in custody since

19.06.2023 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicants on bail.

¶5Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection.

¶6Looking at the facts and circumstances of the case and on a perusal of the materials available on record and also the advance stage of investigation and period of detention and considering the fact that the materials alleged to have been stolen has already been recovered, this court without commenting anything on the merits of the case is of the opinion that no further custodial interrogation/detention is required. Accordingly, the present application is allowed.

¶7It is directed that the applicants, above named, in connection with the aforementioned case be released on bail on their furnishing a personal bond in the sum of Rs.20,000/- each (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the learned CJM, Page No.# 3/3 Kamrup, Amingaon, with the following conditions: I. The applicants shall appear before the officer in charge of the concerned PS within 10 (ten) days from today. II. The applicants shall not leave the territorial jurisdiction of the aforesaid police station without prior written permission from its officer in charge; III. The applicants shall not hamper with the investigation of the case and tamper with the evidence of the case; IV. The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.

¶8In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010176532023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2828/2023 MUNNI BIBI AND ANR. W/O TAIBUR RAHMAN PERMANENT RESIDENT OF VILL- BAMUNIGAON, P.S. CHANGSARI DIST. KAMRUP, ASSAM 2: TAIBUR RAHMAN S/O CHOUKOT ALI @ SURAT ZAMAN PERMANENT RESIDENT OF VILL- BAMUNIGAON P.S. CHANGSARI DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. U K BARMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY