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Gauhati High Court

Alom Ali vs The State Of Assam on 29 March, 2019

Author: Hitesh Kumar Sarma

Bench: Hitesh Kumar Sarma

                                                                                    Page No.# 1/2

GAHC010066202019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Bail Appln. 725/2019

            1:ALOM ALI
            S/O RAFIQUL ISLAM, R/O VILL-BIDYAPUR NOLBODA, P.S.-BELSOR, DIST-
            NALBARI, ASSAM, PIN-781335

            VERSUS

            1:THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner   : MR. B PATHAK

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                            ORDER

Date : 29-03-2019 This is an application, filed under Section 439 Cr.PC, praying for bail of the accused- petitioner, namely, Alom Ali, in connection with Belsor PS Case No. 34/2019 under Sections 120(B)/364(A)/368 IPC.

Heard Mr. B. Pathak, learned counsel for the accused-petitioner as well as Mr. N.J. Dutta, learned Additional Public Prosecutor for the state respondent. Perused the petition as well as the annexures furnished therewith. The victim, who was allegedly confined by the accused-petitioner and his co-accused and demanded Rs. 1,00,000/- has been recovered by the investigating agency. On the other hand, the accused-petitioner has been in custody for 47 days as on date. Considering the period of detention and the fact of recovery of the victim, this court is of the view that further custodial detention of the accused-petitioner is not necessary, and accordingly, his prayer is allowed.

Page No.# 2/2 The accused-petitioner is granted bail on his furnishing a bail bond of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari, on the following conditions :

(1) The accused-petitioner shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Nalbari, without prior written permission from the said learned court, (2) The accused-petitioner shall not hamper with the investigation, or tamper with the evidence of the case, and (3) 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 Court or to any police officer.

The petition stands disposed of accordingly.

JUDGE Comparing Assistant