Nekib Ahmed v. The State of Assam

ORDER Date : 03.10.2024

Heard Mr. Z.Kamar, learned Senior Counsel assisted by Mr. R.Dubey, learned counsel for the petitioner as well as Mr. K.K.Parashar, learned Addl. P.P., Assam for the State respondent. Page No.# 2/3 By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioner, namely, Nekib Ahmed has prayed for grant of bail in connection with ACB P.S. Case No.63/2024 under Sections 61(2) (a) of BNS, 2023 r/w Section 7 (b) of PC Act. Case diary is received. The allegation in the FIR relates to demand of bribe by the petitioner and one Khursheeda Khanam from the informant. The learned Senior Counsel for the petitioner submits that although money was recovered from the possession of the present petitioner, however, as the petitioner has been languishing in judicial custody for the last 49 days since his arrest on 16.08.2024 and as such, considering length of detention, the petitioner may be enlarged on bail. The learned Addl.P.P. has produced the case diary and submits 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 the petitioner is in judicial custody for last 49 days and substantial part of the investigation is complete. Out of the alleged Rs.36,000/-bribe money, Rs.16,000/-has already been paid. Under such backdrop, 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, Assam, subject to the following conditions;-

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

(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 GAHC010200402024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2929/2024 NEKIB AHMED S/O SHRI SAHNUWAZ AHMED @ MD. SANOWAR AHMED, R/O WARD NO. 5, P.O. MILANPUR, NEAR DHAMDHAMA BUS STAND, P.S.-NALBARI, DIST- NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR Z KAMAR, MR. A N I HUSSAIN,MS. A B KAYASTHA,MR. R DUBEY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI