Fakir Chan Akand v. The State of Assam and Anr

ORDER Date : 07.11.2024

Heard Mr. N.Uddin, learned counsel for the petitioner as well as Mr. R.R.Kaushik, Page No.# 2/3 learned Addl. P.P., Assam for the State respondent No.1. Also heard Ms. M.K.Brown, learned counsel for the respondent No.2. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Fakir Chan Akand has prayed for grant of bail in connection with Jalukbari P.S. Case No.383/2024 under Section 127(2)/140 (3)/3 (5)/64 of BNS, 2023 r/w Section 4/17 of POCSO Act. The learned counsel for the petitioner submits that the petitioner has been languishing in judicial custody for last 90 days since his arrest on 10.08.2024. Charge sheet has not been submitted and as such, the petitioner is entitled for default bail. The learned Addl.P.P. has produced the case diary and submits that charge sheet has not yet been submitted. Learned counsel for the respondent No.2 has made no objection against the prayer of the petitioner. Having heard the learned counsel for the parties and on perusal of the case diary and the averments made in this petition, it appears that further custodial interrogation of the petitioner in the interest of investigation is not warranted. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Special Judge, Kamrup (M), subject to the following conditions;-

(i) The petitioner shall not leave the territorial jurisdiction of learned Special Judge, Kamrup (M) without prior written permission from him/her; Page No.# 3/3

(ii) That the petitioner shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010182882024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2698/2024 FAKIR CHAN AKAND S/O LATE BADSHAH AKAND, VILL- SADHUBASA, P.S.-GAURIPUR, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ASHATUR NESSA W/O SAHED ALI VILL- KANHARA GAON P.O.-GOROIMARI P.S.-GOROIMARI DIST- KAMRUP (R) PIN-78210 Advocate for the Petitioner : MR. N UDDIN, MS. A AKHTAR,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI