Abdul Baten Sekh @ Md Abdul Baten Sekh v. The State of Assam

ORDER

04.01.2024

Heard Mr. A. Paramanik, learned counsel appearing for the accused petitioner as well as Mr. B. B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Abdul Baten Sekh @ Md. Abdul Baten Sekh, has prayed for grant of bail in connection with North Lakhimpur PS Case No. 363/2023 under Section 302/325/34 of Page No.# 2/2 IPC. The case diary, as called for, is placed before the Court. It is submitted by the learned counsel for the petitioner that the petitioner has completed the mandatory period of detention in jail hajot and charge-sheet has also not yet been submitted, so the petitioner is entitled for default bail. Mr. B. B. Gogoi, learned Addl. P.P., Assam has confirmed that charge-sheet has not yet been submitted. In view of above, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 50,000/-with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur subject to the following conditions-

(i) That the accused petitioner shall cooperate with the Investigating Officer as and when required;

(ii) That the accused petitioner 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 Police Officer or the Court; and Return the case diary. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010275612023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4481/2023 ABDUL BATEN SEKH @ MD ABDUL BATEN SEKH S/O LATE NAJIBUDDIN SEKH R/O CHAPARI GAON P.S. NORTH LAKHIMPUR DIST.LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI