Mustafa Kamal Hussain @ Tipu v. The State of Assam

ORDER Date : 31-08-2023

¶1Heard Mr. S Munir, learned counsel for the applicant and Mr. D Das, learned Addl. PP, Assam appearing for the state respondent.

¶2This application under section 439 of the Code of Criminal Procedure, 1973 is preferred by accused, namely, Mustafa Kamal Page No.# 2/3 Hussain @ Tipu who was arrested on 08.08.2023 in connection with Bharalumukh PS Case No.237/2023 under section 380 IPC added section 413 IPC.

¶3The petitioner was arrested on 08.08.2023 and he is behind the bars since then.

¶4Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. Investigation is almost over and statement of accused has thoroughly been interrogated by the investigating agency. There is no legal evidence against the present applicant to connect them with the alleged offence. The learned Counsel further submits that the applicant is in custody since 08.08.2023 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

¶5Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection.

¶6Looking at the facts and circumstances of the case and on a perusal of the materials available on record and also the advance stage of investigation and period of detention, this court without commenting anything on the merits of the case is of the opinion that no further custodial interrogation/detention is required. Accordingly, the present application is allowed.

¶7It is directed that the applicant, above named, in connection with the aforementioned case be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati with the following conditions: I. The applicant shall appear before the officer in charge of the Page No.# 3/3 concerned PS within 10 (ten) days from today. II. The applicant shall not leave the territorial jurisdiction of the aforesaid police station without prior written permission from its officer in charge; III. The applicant shall not hamper with the investigation of the case and tamper with the evidence of the case; IV. The applicant 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 them from disclosing such facts to the court or to any police officer.

¶8In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010183882023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2931/2023 MUSTAFA KAMAL HUSSAIN @ TIPU S/O- MAFIDUL ISLAM, VILL- MADHOIKATA (KAURPAHAR), PS- RANGIA, DIST.- KAMRUP (R) PRESENT ADDRESS- BHUTNATH BAGAN, PS- BHARALUMUKH, DIST.- KAMRUP (M) VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY