Jakir Hussain @ Md Zakir Hussain v. The State of Assam

ORDER Date : 11-10-2023

¶1Heard Mr. A Z Ahmed, learned counsel for the applicant and Ms. S.H. Bora, learned Addl. PP, Assam appearing for the state respondent.

¶2This application under section 439 of the Code of Criminal Page No.# 2/3 Procedure, 1973 is preferred by accused, namely, Jakir Hussain @ Md Zakir Hussain who was arrested on 29.08.2023 in connection with Mankachar

PS

Case

No.26/2023 under

sections 120(B)/365/302/201 IPC.

¶3Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. Investigation is almost over and the accused has been thoroughly interrogated by the investigating agency. There is no legal evidence against the present applicant to connect him with the alleged offence. The learned Counsel further submits that the applicant is in custody since 29.08.2023 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

¶4Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection.

¶5Looking at the facts and circumstances of the case and considering the fact that the applicant is not named in the FIR and there is no injury as reflected in the earlier order dated 23.05.2023 passed by this Court in AB No.1573/2023 and on a perusal of the materials available on record and also the advance stage of investigation and period of detention, this court without commenting anything on the merits of the case is of the opinion that no further custodial interrogation/detention is required. Accordingly, the present application is allowed.

¶6It is directed that the applicant, above named, in connection with the aforementioned case be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the Page No.# 3/3 learned CJM, Hatsingimari, South Salmara, Mankachar with the following conditions: I. The applicant shall not leave the territorial jurisdiction of the aforesaid police station without prior written permission from its officer in charge; II. The applicant shall not hamper with the investigation of the case and tamper with the evidence of the case; III. The applicant 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 them from disclosing such facts to the court or to any police officer.

¶7In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010230562023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3651/2023 JAKIR HUSSAIN @ MD ZAKIR HUSSAIN S/O ABUL SAYED VILL- DAKERGAON PO.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY