Rezzak Mallik and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010182672024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2693/2024o REZZAKoMALLIKoANDoANRo S/OoLATEoBILLALoMALLIKo@oBILALoMALLIKo R/OoVILL-oPAZARoBHANGAo P.O.oBARGHOL,oP.S.oBARPETAo DIST.oBARPETA,oASSAMo PIN-781302 2:oRAJIBULoMALLIK oS/OoBILLALoMALLIKo@oBILLAKoALIo R/OoVILL-oPAZARoBHANGAoP.O.oBARGHOL oP.S.oBARPETAo DIST.oBARPETA oASSAMo PIN-78130o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oBoHUSSAIN,oMR.oAoKoHUSSAINo AdvocateoforotheoRespondento:oPP,oASSAM,oo ooooooooooooooooooooooooooooooooooooooo Page No.# 2/3

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

17.09.2024

Heard Mr. A.K. Hussain, the learned counsel appearing for the petitioners. I have also heard Ms. S.H. Bora, the learned Addl. Public Prosecutor, Assam.

¶2This is the second bail application under Section 483 of the BNSS, 2023 whereby the petitioners Rezzak Mallik and Rajibul Mallik have prayed for releasing them on bail after their arrest in connection with Sipajhar P.S. Case No.102/2024, registered under Section 392 of the Indian Penal Code.

¶3The allegations brought against the present petitioners is that on the day of occurrence, they had looted a truck bearing Registration No.AS-01-HC-4341. They had taken away goods worth lakhs of rupees.

¶4Since there were incriminating materials against the present petitioners in the case diary, their earlier bail application was rejected by this Court.

¶5Mr. Hussain has submitted that the petitioners have already spent 70 days in judicial custody. According to Mr. Hussain, the period of detention already undergone by them should be taken as a ground for releasing them on bail.

¶6I have also heard Ms. Bora. She has submitted that the investigation is still going on and some persons are yet to be arrested.

¶7I have considered the submissions made by the learned counsel of both sides in the light of the materials available in the case record.

¶8This Court is of the opinion that the period of detention already undergone by Page No.# 3/3 the petitioners, deserve them to be released on bail. Accordingly, the bail prayer of the petitioners is allowed.

¶9It is hereby directed that the petitioners Rezzak Mallik and Rajibul Mallik who was arrested in connection with Sipajhar P.S. Case No.102/2024, registered under Section 392 of the Indian Penal Code, are allowed to go on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (S), Darrang, Mangaldai. The bail application is disposed of accordingly.

JUDGE Comparing Assistant