Gauhati High Court
Sk. Asraf Ali And Anr vs The State Of Assam on 2 April, 2019
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/3
GAHC010055502019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 568/2019
1:SK. ASRAF ALI AND ANR.
S/O SK. ASGAR LAI, VILL-AYNAPARA, P.S.-MANGALKATH, DIST-
BARDHAMAN, W.B.
2: SK. BACHAN SK
S/O SK. ABU TALEB
VILL- BAGANPARA
P.S.-KATWA
DIST-BARDHAMAN
W.B
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A K AZAD
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 02-04-2019 Heard Mr. AK Azad, learned counsel for the accused-petitioners as well as Mr. NK Kalita, 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-petitioners, namely, 1. SK. Asraf Ali and 2. SK. Bachan Sk, in connection with Baihata Chariali P.S. Case No. 49/2019 registered under Section 120(B)/379/411/420 of the IPC read with Section 21(4) of the Mines and Minerals (Development and Regulations) Act, 1957.
Perused the case diary produced before this court.
The accused-petitioners have been in custody for 55 (fifty five) days as on date.
On consideration of the materials in the case diary, further custodial detention of the accused-petitioners, beyond 55 (fifty five) days is not considered necessary. Therefore, both the accused-petitioners are granted bail.
Accordingly, the accused-petitioners, named above, shall be released on bail in connection with Baihata Chariali P.S. Case No. 49/2019 on furnishing bail bond of Rs. 20,000/- each with a suitable surety each of the like amount, to the satisfaction of learned Sub-Divisional Judicial Magistrate (M), Rangia.
The direction for bail is further subject to the conditions that the accused- petitioners:
(a) shall not leave the territorial jurisdiction of learned Sub-
Divisional Judicial Magistrate (M), Rangia, without prior written permission from him;
(b) shall not hamper with the investigation, or tamper with the evidence of the case; and Page No.# 3/3
(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.
The petition stands disposed of accordingly.
Return the case diary.
JUDGE Comparing Assistant