Hafizur Rahman Mandal @ Hafijur Rahman v. The State of Assam

ORDER

30.09.2024

¶1Heard Mr. M. Khan, learned counsel for the petitioner Hafizur Rahman Mandal @ Hafijur Rahman.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3

02.09.2024 in connection with Manikpur P.S. Case No. 121/2024 registered under Sections 304 read with Section 61(2)/112(20/125(2) of the BNS.

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

¶4Learned Additional Public Prosecutor has raised serious objection stating that the petitioner is a habitual offender and a history sheeter. The offence as alleged in the other case is also a similar offence of bag snatching.

¶5Learned counsel for the petitioner has submitted that the petitioner has been thoroughly interrogated and custodial detention may not be required for the progress of investigation in the garb of punitive detention.

¶6I have considered the submission at the Bar with circumspection.

¶7It appears that investigation may have progressed to a considerable extent. It appears that further custodial detention may not be required for the progress of investigation. I t appears that bail may be granted to the petitioner as the petitioner is willing to abide by any stringent bail conditions, if imposed upon him.

¶8Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Bongaigaon under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged, and

(ii) The petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3

¶9On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶10In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010204222024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2994/2024 HAFIZUR RAHMAN MANDAL @ HAFIJUR RAHMAN S/O ANAR ALI MANDAL, R/O VILL- BILASHPUR, P.S.-KAJALGAON, DIST- CHIRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND