Safik Ali Alias Shafik Ali v. The State of Assam

ORDER Date : 21.10.2024

Heard Md.S. Ali, learned counsel appearing for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of regular bail to the petitioner, Safik Ali @ Shafik Ali in respect of Hajo P.S. Case No. 328/2024.

¶3A man discovered that his wife was maintaining relationship with the petitioner and they were planning to elope. The wife, however, denied the said fact. One night, the Page No.# 2/2 husband saw the petitioner in his courtyard. Therefore, the husband raised hue and cry. Neighbors came out and apprehended the petitioner and he was also handed over to police. The complainant further alleged that the petitioner also gave an obscene proposal to his 14 year old daughter.

¶4I have considered the submissions made by the learned counsels of both sides in the light of the materials available in the case diary.

¶5This Court is of the opinion that the petitioner no longer deserves to be detained in custody.

¶6The pre-arrest bail application of the petitioner is allowed.

¶7It is hereby directed that in the event of arrest in connection with Hajo P.S. Case No. 328/2024, the petitioner, Safik Ali @ Shafik Ali shall be released on bail of Rs. 25,000/- to the satisfaction of the learned Judicial Magistrate 1st Class, Hajo.

¶8With the aforesaid direction, the bail application stands disposed of.

¶9The CD shall be returned.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010189012024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2785/2024 SAFIK ALI ALIAS SHAFIK ALI S/O- NUR BOX ALI, VILLAGE- 3NO. MONAHKUCHI, P.S- HAJO, DIST-KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR M RAHMAN, MD S ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA