Rahim Ali and 3 Ors v. The State of Assam

ORDER

16.09.2024

¶1Heard Md. K. Rahman, learned counsel for the petitioners, namely, (i) Rahim Ali, (ii) Rabiyal Ali, (iii) Jabed Ali, and (iv) Badaruddin.

¶2The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as petitioner Nos. 1, 2 and 3 are behind bars since 05.08.2024 and petitioner No. 4 is behind bars since

07.08.2024 in connection with Bongaigaon P.S. Case No. 188/2024 registered under Section 380 of the IPC. corresponding to GR Case No. 319/2024.

¶3Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioners is that they are involved in committing theft from the shop of the informant. It is alleged that they have committed theft of liquor and cash from the cash box.

¶5Learned Additional Public Prosecutor has raised objection stating that the offence committed by the petitioners are of grave nature. It is submitted on Page No.# 3/4 behalf of the petitioners that petitioner Nos. 1, 2 and 3 are behind bars for 42 days and petitioner No. 4 is behind bars for 40 days.

¶6I have considered the submission that further custodial detention may not be required for the progress of investigation as it appears that investigation may have presumably progressed to a considerable extent. The petitioners have pledged to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if, imposed upon them.

¶7Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the learned CJM, Bongaigaon under the conditions that:

(i) The petitioners shall refrain from such activities with which they are alleged,

(ii) The petitioners shall not jump the bail, and

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

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

¶9In terms of the above observation, bail application stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010186392024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2773/2024o RAHIMoALIoANDo3oORSo S/OoSUKCHANoALI,oVILL-oHABLAKHA,oP.S.-HAJO,oDIST-oKAMRUP,oASSAM 2:oRABIYALoALI oS/OoLALCHANoALI oVILL-oBAKRIKUCHI oP.S.-MUKALMUA oDIST-oNALBARI oASSAM 3:oJABEDoALI oS/OoCHANBORoALI oVILL-oBHANGNAMARI oP.S.-MUKALMUA oDIST-oNALBARI oASSAM 4:oBADARUDDIN oS/OoCHATTER oVILL-oKURIKAMARI oBORCHULIYA oP.S.-MUKALMUA oDIST-NALBARI oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMD.oKoRAHMAN,oMR.oN.oISLAMo Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND