Yasin Ali v. The State of Assam

ORDER Date : 04 .01. 2024 Heard Mr. F.K.R. Ahmed, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 439 Cr.P.C., filed by the petitioner, namely Yasin Ali, seeking bail, who was arrested on 11.10.2023 in connection Page No.# 2/3 with Doboka P.S. Case No. 209/2023 (Corresponding to G.R. Case No. 1821/2023) under Sections 120(b)/342/ 376(2)(g)/ 506 IPC. It is submitted by the learned counsel for the petitioner that the petitioner was arrested on 11.10.2023 and since then he has been languishing in jail hajot by completing 86 days. Considering the period of detention, he may be enlarged on bail. The learned Addl. PP has produced the case diary and opposed the prayer of bail by stating that 164 statement of the victim girl and the medical report is not available in the case diary. It is also submitted that the charge sheet has not yet been submitted by the police. I have perused the case diary. Considering the period of detention, prayer for bail is allowed. Accordingly, it is directed that the accused/ petitioner above named, be released on bail in connection with Doboka P.S. Case No. 209/2023 (Corresponding to G.R. Case No. 1821/2023) under Sections 120(b)/342/ 376(2)

(g)/ 506 IPC on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) with 2

(two) suitable sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sankardev Nagar, Hojai. The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Sankardev Nagar, Hojai, without prior written permission from him/ her;

(b) shall not hamper the investigation and tamper with the Page No.# 3/3 evidence of the case; and

(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/ her from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010263312023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4276/2023 YASIN ALI S/O ASADDAR ALI R/O VILL- NAHARGAON P.O. AND P.S. DOBOKA DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : F K R AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI