Sonabor Ali v. The State of Assam

ORDER

17.09.2024 Heard learned counsel, Mr J A Ahmed, for the petitioner, Sonabor Ali, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Geetanagar PS Case No. 144/2024, under Sections 303(2) of the BNS, 2023. Page No.# 2/3

¶2Heard Mr R R Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that he is involved in theft of telecom equipments from the house of the informant.

¶4The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶5The petitioner has purchased the stolen articles.

¶6I have scrutinized the Case Diary.

¶7Indeed there are incriminating materials in the Case Diary against the petitioner.

¶8I have considered the submission for bail on the ground of parity, as co-accused have been arrested and released on bail.

¶9The Case Diary also reveals that investigation has progressed to a considerable extent.

¶10It appears that custodial interrogation may not be required.

¶11Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand Only), with a suitable surety of like amount to the satisfaction of the arresting authority, under the conditions that:

i) the petitioner shall appear before the IO within one week and Page No.# 3/3 cooperate with the investigation,

ii) the petitioner shall appear before the IO on every fortnight, till completion of investigation,

iii) the petitioner shall refrain from such activities with which he is alleged, and

iv) the petitioner shall not leave the jurisdiction of the Court, without prior permission, till completion of investigation.

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

¶12Anticipatory Bail Application stands disposed of.

¶13Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010182172024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2374/2024 SONABOR ALI S/O ALIMUDDIN VILL- KURIHAMARI P.S. SIALMARI DIST. NALBARI, ASSAM PIN-781126 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J A AHMED, MR. K M HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND