Gauhati High Court
Md Nur Hussain Ali Alias Baityani vs The State Of Assam on 18 July, 2024
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GAHC010138362024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2017/2024
MD NUR HUSSAIN ALI ALIAS BAITYANI
S/O- LATE MOHAMMAD ALI,
R/O-NO-2 DEEJO PATHAR,
P.O- DEJOO,
P.S- NORTH LAKHIMPUR,
DIST- LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP ASSAM
Advocate for the Petitioner : MR. HIMADRI SANKAR BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 18.07.2024 Heard Mr. P. Hazarika, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
Page No.# 2/4 This is an application under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail to the accused/ petitioner, who has been arrested in connection with North Lakhimpur P.S. Case No. 141/2024, under Sections 120(B)/143/ 147/326/307/338/333 of the Indian Penal Code read with Section 4 of PDPP Act.
Mr. P. Borthakur, learned Additional Public Prosecutor, has submitted that though the Case Diary was called for, but they have not received the same from the I.O. concerned.
In this context, Mr. A. Rahman, learned counsel for the petitioner, has submitted that the accused/petitioner is innocent and he is not involved in the offence as alleged in the F.I.R. He is a daily wage labour and on the day of incident, he went to buy paint colours from North Lakhimpur town on the instruction of his employer, where he noticed huge gathering of persons in front of the police out post and protesting for custodial death of an innocent person and in that regard there was an altercation and push and pull between the police personnel and the villagers and in that process, out of anger, some of the persons might have taken some steps and committed the offence, but the present petitioner has not committed the alleged offence. However, the accused/petitioner is behind the bar since 22.06.2024 and hence, the I.O. got sufficient time for his custodial interrogation. More so, this Court, in Bail Appln. No. 1639/2024, Bail Appln. No. 1640/2024, Bail Appln. No. 1787/2024 and Bail Appln. No. 1939/2024, has already granted bail to the other co-accused persons considering their length of detention and hence, on the ground of parity also, Page No.# 3/4 the present accused/petitioner may be released on bail.
Considering the submissions made by the learned counsels for both sides and also considering the entire facts and circumstances of the case and further considering the fact that the other co-accused persons have already been granted bail by this Court, viz-a-viz the length of detention already undergone by the present accused/petitioner, I find that further custodial interrogation of the present accused/ petitioner seems to be not necessary here in this case and therefore, I find it a fit case allow the accused/petitioner to go on bail.
Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, North Lakhimpur, Lakhimpur, the accused/petitioner, namely, Md. Nur Hussain Ali @ Baitya, be enlarged on bail, subject to the following conditions:
(i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required;
(ii) that the 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 Court or to any police officer; and
(iii) that the petitioner shall not leave the jurisdiction of the learned Page No.# 4/4 Chief Judicial Magistrate, North Lakhimpur, Lakhimpur, without prior permission.
In terms of above, this bail application stands disposed of.
JUDGE Comparing Assistant