Joynal Abdin @ Jainal Abdul v. The State of Assam

ORDER

29.11.2023 Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, appearing for the State of Assam. This application under Section 439 of the Code of Criminal Procedure, Page No.# 2/3 1973 has been filed by the petitioner, namely, Joynal Abdin @ Jainal Abdul, who has been detained behind the bars since 10.10.2023 (for last 50 days) in connection with Sorbhog P.S. Case No. 107/2023 under Section 342/394/395/412/413 of the Indian Penal Code. The gist of accusation against the present petitioner is that on 05.10.2023, one Koilash Mondal had lodged an FIR before the Officer-In-Charge of Sorbhog Police Station, inter-alia, alleging that on 04.10.2023, when one Truck bearing Registration No. RJ-21GD-3892 was carrying 425 numbers of bags of areca nuts some of the unknown miscreants stopped the said truck by threatening and assaulting the driver and handyman of the said truck and looted 382 bags of areca nuts. Learned counsel for the petitioner has submitted that the petitioner is detained behind the bars for last 50 days and considering the period of detention, he may be allowed to go on bail. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail to the present petitioner on the ground that only 247 bags out of the stolen 382 bags of the areca nuts have been recovered and some of the stolen areca nuts are yet to be recovered. It is further submitted that some of the co-accused are also yet to be apprehended by police and release of the petitioner at this stage of investigation would hamper the investigation of the case as well as recovery of the remaining stolen property. I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record including the case diary of Sorbhog P.S. Case No. 107/2023. It appears from the case diary that though some of the stolen areca nuts are yet to be recovered and some of the Page No.# 3/3 co-accused persons are yet to be arrested, otherwise the investigation has fairly progressed. It also appears that the petitioner has been already detained behind the bars for last 50 days and in the considered opinion of this Court, their further custodial detention does not appear to be necessary for fair completion of the investigation of Sorbhog P.S. Case No. 107/2023. In view of the above, the above-named petitioner is hereby allowed to go on bail of Rs. 30,000/-with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta with conditions that:-

(i) the petitioner shall appear before the Investigating Officer of Sorbhog P.S. Case No. 107/2023 as and when required by the Investigating Officer for the purpose of fair completion of the investigation of the case;

(ii) the petitioner shall also provide their contact details, including mobile number and residential address to the Investigating Officer; and

(ii) the petitioner shall not directly or indirectly make any inducement threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. With the above observations, this bail application is hereby disposed of. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010252532023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4068/2023 JOYNAL ABDIN @ JAINAL ABDUL S/O LATE KHALILUR RAHMAN VILL- TETELIR TAL P.S. BARPETA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA