Rafik Ali v. The State of Assam

ORDER

17.09.2024

Heard Mr. B Chowdhury, learned counsel for the petitioner as well as Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the BNSS, 2023 by the petitioner, namely, Md. Rafik Ali, praying for grant of bail, who was arrested in connection with North Lakhimpur P.S. Case Page No.# 2/2 No. 249/2024. Two persons, namely, Riajul Islam and Abdul Salek had kidnapped two persons for ransom. These two persons used one bolero vehicle bearing Registration No. AS-07X-5625. The present petitioner is the owner of the said vehicle. The Case Diary reveals that the bolero vehicle was used by them on hire. Case Diary further reveals that prior to the occurrence, Abdul Salek had hired the said vehicle for committing the offence. Apart from that, there are no other materials in the Case Diary against the present petitioner. It appears that the petitioner has already undergone 27 days in custody. This court is of the opinion that the petitioner does not deserve to be detained in custody for further period of time. Hence, the bail application of the petitioner is allowed. Accordingly, it is directed that the petitioner, Md. Rafik Ali, who was arrested in connection with North Lakhimpur P.S. Case No. 249/2024, shall be released on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, North Lakhimpur. The bail application is disposed of Return the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010181492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2667/2024 RAFIK ALI S/O MD. YAKUB ALI R/O VILL- DHAKUWAKHANIA, P.S. PANIGAON DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA