Md. Emamul Ali @ Immamul Ali v. The State of Assam

Order

22.09.2023

This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Md. Emamul Ali, who was arrested on 02.07.2023 in connection with Sessions Case No. 151/2023 arising out of PRC Case No. Page No.# 2/3 1506/2023 in connection with Sonapur P. S. Case No. 123/2023 under Sections 366/376 of the IPC (pending in the Court of learned Additional Sessions Judge No. 4, FTC, Kamrup (M), Guwahati). Heard Mr. S. Hoque, the learned counsel for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor for the State of Assam. The petitioner was arrested on 02.07.2023 and he is behind bar for last 80 days. Learned counsel for the petitioner submits that the petitioner is innocent and 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 petitioner to connect him with the alleged offence. The learned Counsel further submits that the petitioner is in custody since 02.07.2023 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the petitioners on bail. Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection. Looking to the facts and circumstances of the case and on a perusal of the material available on record, it seems that the victim is a major girl who eloped with the boy and she has already been recovered and she even refused to get her medically examined and considering the period of detention, without commenting on the merits of the case, this Court is of the opinion that no further custodial detention is required. Accordingly, the present application is allowed. Page No.# 3/3 It is directed that the petitioner, name above, be released on bail in connection with the case aforementioned, on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Additional Sessions Judge No. 4, FTC, Kamrup (M), Guwahati with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Additional Sessions Judge No. 4, FTC, Kamrup (M), Guwahati, without prior written permission from him;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) 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 Court or to any police office. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010213212023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3375/2023 MD. EMAMUL ALI @ IMMAMUL ALI S/O MD. ABDUL AZID, VILL.- CHAMATA, P.S.- SONAPUR, DIST.- KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR S H SIKDAR Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY