Amir Ali @ Khan and Anr v. The State of Assam

ORDER Date : 09-01-2024

¶1Heard Mr. A.K. Azad, learned counsel for the petitioner Amir Ali @ Khan and Champa Begum. Page No.# 2/3

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure with prayer for bail as they are behind bars since 24.11.2023 in connection with Mukalmuwa Police Station Case No. 571/2023 under Sections 120(B)/370(4) of IPC read with Section 81 of the JJ Act, 2015.

¶3The allegation against the petitioners is that with the help of Champa Begum petitioner No. 2, Alam Ali sold his infant for Rs.1,00,000/- (Rupees One Lac) to Amir Ali. It is submitted on behalf of the petitioners that Amir Ali and his wife has adopted the son of Alam Ali and a Deed of Adoption has also been executed but the adoption process could not be completed due to certain cases pending in the Office of the Deputy Commissioner. The Deed of Adoption is appended along with the petition.

¶4The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the case diary that Amir Ali had accepted the baby from Alam Ali by paying an amount of Rs.1,00,000/- (Rupees One Lac) to Alam Ali.

¶5I have considered the length of detention.

¶6A scrutiny of the case diary reveals that investigation has progressed to a considerable extent. I have considered the submissions that the child has now been recovered and is in the custody of the mother at present. It appears that further custodial detention may not be required for the progress of the investigation.

¶7Considering all aspects, petition is allowed.

¶8The petitioner is enlarged on bail on furnishing a bail bond of Rs,50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of Eleka Magistrate under the conditions that: Page No.# 3/3 The petitioners shall cooperate with the investigation.

¶9Send back the case diary. Bail Application stands disposed of in the above terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010272852023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4422/2023 AMIR ALI @ KHAN AND ANR S/O HUSSAIN ALI, R/O VILL-GARIGAON, P.S.-JALUKBARI, DIST-KAMRUP (M), ASSAM 2: CHAMPA BEGUM W/O NANABABU @ HOBIB ALI R/O VILL-GARIGAON P.S.-JALUKBARI DIST-KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A K AZAD Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND