Gauhati High Court
Mustafa Ali @ Mostafa Ali vs The State Of Assam on 4 October, 2019
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
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GAHC010248422019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 3146/2019
1:MUSTAFA ALI @ MOSTAFA ALI
SON OF LATE BAHEJ ALI, RESIDENT OF VILLAGE- JAMUNATARI, P.S.-
GOSSAIGAON, DISTRICT- KOKRAJHAR, ASSAM.
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR. K BORUAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-10-2019 Heard Mr. K Boruah, learned counsel for the accused-petitioner as well as Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused- petitioner, namely, Mustafa Ali @ Mostafa Ali, in connection with Gossaigaon P.S. Case No. 358/2015 registered under Sections 120(B)/364(A) of the IPC (GR Case No. 424/2015).
Perused the petition as well as the annexures furnished therewith.
The accused-petitioner has been in custody for 37 (thirty seven) days as on date.
The accused-petitioner was put in custody by the learned court below on his appearance Page No.# 2/2 before it since he was shown absconder in the charge-sheet and warrant of arrest was issued against him. Whatever it may be, in the considered view of this court, the accused-petitioner be allowed to face the trial of the case and his further custodial detention, beyond 37 days is not considered essential for the purpose of investigation of the case. Therefore, the accused- petitioner is granted bail.
Accordingly, the accused-petitioner named above, shall be released on bail in connection with Gossaigaon P.S. Case No. 358/2015 on furnishing bail bond of Rs. 15,000/- with two suitable sureties of the like amount, to the satisfaction of learned court below wherever the case is pending.
The direction for bail is further subject to the conditions that the accused-petitioner:
(a) shall not leave the territorial jurisdiction of learned court below wherever the case is pending, without prior written permission from him;
(b) shall not tamper with the 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 from disclosing such facts to the Court or to any police officer.
In the event, the accused-petitioner defaults in appearance before the court below even for a single date, the learned court below will be at liberty to keep him in custody and to continue the trial. The petition stands disposed of accordingly.
JUDGE Comparing Assistant