Amir Ali @ Kalia v. The State of Assam

ORDER Date : 12-09-2024 Heard learned counsel Mr. A. Hussain, for the petitioner Amir Ali @ Kalia, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

22.08.2024 in connection with Noonmati Police Station Case No. 177/2024 Page No.# 2/3 under Sections 331(3)/305(a) of the Bharatiya Nyaya Sanhita, 2023.

¶2Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that he is the miscreant who has committed theft from the house of Smt. Rubi Deka. One gold chain with locket, a pair of gold bangles, one gold ring, cash of Rs.4500/- (Rupees Four Thousand Five Hundred) and utensils have been stolen from the house of the informant.

¶4It is submitted on behalf of the petitioner that only utensils were found from the petitioner's house. The petitioner has not committed theft of gold articles or cash.

¶5Learned Additional Public Prosecutor has raised serious objection stating that Case Diary will reveal if the petitioner is complicit.

¶6I have considered the submissions at the bar with circumspection. I have considered the length of detention. It appears that further custodial detention may not be required for the progress of investigation. The petitioner has pledged to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him.

¶7Considering all aspects, petition is allowed. The petitioner is 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 Chief Judicial Magistrate, Kamrup (M) under the conditions that : -

(i) The petitioner shall refrain from such activities with which he is alleged. Page No.# 3/3

(ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and,

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

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

¶9In terms of the above observations, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010181522024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2674/2024 AMIR ALI @ KALIA S/O IBRAHIM ALI, VILL- CHUKABAHI, P.S.-DALGAON, DIST- DARRANG, ASSAM, PIN-784514. P/R/A 2 NO. MATHGHARIA, SRINAGAR, P.S.- NOONMATI, GUWAHATI CENTRAL, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD. A HUSSAIN, MR. K ALOM,MR. T ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND