Abu Kalam v. The State of Assam

PageoNo.#o1/2 GAHC010009732024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o BailoAppln./52/2024 ABUoKALAM S/OoHAZARAToALIo R/OoVILL-oBARALIMARIo(PERMANENT)o VILL-oCHITLAMARIo(PRESENT)o P.S.oJURIAo DIST.oNAGAON oASSAM oVERSUS THEoSTATEoOFoASSAM REP.oBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMR.oAoToSARKAR Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo Dateo:oo30-01-2024 Page No.# 2/2

¶1Heard Mr. A.T. Sarkar, learned counsel for the petitioner Abu Kalam.

¶2The petitioner has filed this application under Section 439 Cr.PC, with prayer for bail as he is behind bars since 02.08.2023 in connection with Dhubri PS Case No. 191/2023, (Corresponding to G.R. No. 798/2023 registered u/s 120(B)/121/121-A IPC read with Section 17/19/20/21/39/40 of UA(P) Act.

¶3Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶4Case Diary is not received.

¶5It is submitted by the learned Addl. PP that charge-sheet has not been laid against the petitioner.

¶6The learned counsel for the petitioner has prayed for bail as the petitioner has covered the statutory period u/s 167(2) of the Cr.PC.

¶7I have considered the submissions relating to the length of detention. The petitioner is behind bars for 181 days. Charge-sheet has not been submitted against the petitioner.

¶8Considering the length of detention, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with a suitable surety of the like amount, to the satisfaction of the learned Sessions Judge, Dhubri under the conditions that:- i. The petitioner shall refrain from such activities with which he is alleged; and ii. the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial. On breach of any bail conditions, bail order shall stand cancelled. Bail Application stands disposed of.

JUDGE Comparing Assistant