Sajidul Islam v. The State of Assam

ORDER

11.09.2024

¶1Heard Mr. A. K. Hussain, learned counsel for the petitioner Sajidul Islam.

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

23.07.2024 in connection with Hatigaon P.S. Case No. 162/2024 registered under Section 379 of the IPC.

¶3Heard Mr. P. S. Laskar, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Case Diary is not received. Learned Additional Public Prosecutor has raised objection stating that this is a serious offence of motorbike theft and bail cannot be granted without perusal of the Case Diary.

¶5Learned counsel for the petitioner has submitted that the petitioner is innocent and a false case has been slammed against him.

¶6I have considered the submissions at the Bar that the allegation against the petitioner is that he had committed theft of a motorcycle. I have also considered the length of detention. Investigation may have presumably progressed to a considerable extent. It appears that further custodial detention may not be required for the progress of investigation.

¶7I have considered the submission that the petitioner is willing to abide by any stringent bail conditions if, imposed upon him.

¶8Considering all aspects, 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, and

(ii) The petitioner shall not leave the jurisdiction Page No.# 3/3 of the Court without prior permission.

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

¶10In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010180212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2648/2024 SAJIDUL ISLAM S/O ANOWAR HUSSAIN R/O VILL- BHERALDI P.O. BHERALDI, KEOTKUCHI P.S. BARPETA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B HUSSAIN, MR. A K HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND