Gauhati High Court
Abdul Rahim @ Rahim Ali vs The State Of Assam on 26 August, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010125702021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1994/2021
ABDUL RAHIM @ RAHIM ALI
S/O LATE ABUL MANJAN
R/O VIOLL- MAMUDPUR PART-I,
P.O. DOLGOMA
P.S. MATIA
DIST. GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, TO THE GOVT. OF ASSAM
Advocate for the Petitioner : MR. A M KHAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
26.08.2021 The Court proceedings have been conducted through online court proceeding services.
2. Heard Mr. A.M. Khan, learned counsel for the accused-petitioner and Mr. K.K. Parashar, Page No.# 2/4 learned Additional Public Prosecutor for the respondent State of Assam.
3. By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Abdul Rahim @ Rahim Ali has sought for his release on bail as he is in custody in connection with Dhudhnoi Police Station Case No. 65/2021, registered under Sections 120B/413/468/476/379/411, Indian Penal Code preferred for the second occasion after rejection of the earlier bail application, B.A. No. 1539/2021 by order dated 05.08.2021.
4. The First Information Report (FIR) in the case has been instituted by the informant, an Assistant Sub-Inspector of Police attached to Dudhnoi Police Station, on 04.06.2021. In the FIR, it has been stated that an information was received to the effect that one Abdul Barek, a resident of Village - Forest Kankata under Rangjuli Police Station had kept a number of stolen two-wheelers at his place. It is mentioned that he used to prepare forged registration certificates and change engine numbers and chassis numbers of the stolen two wheelers and thereafter, sell them. Information was received that a Scooty in respect of which Dudhnoi Police Station Case no. 45/2021 under Section 379, IPC has been registered, has been kept in the house of the said accused. A team of police personnel had gone to the house of Abdul Barek and when a search was made, large number of incriminating materials were recovered indicating his involvement in the theft of two-wheelers. After the arrest of Abdul Barek, it was learnt that the other persons named in the FIR are involved in the theft of two-wheelers from different places. The two-wheelers were thereafter, handed over to Abdul Barik who after changing engine numbers and chassis numbers, used to prepare forged registration certificates for them. The accused persons named in the FIR, have been claimed to be habitual offenders.
5. During the course of investigation, a stolen bike bearing Registration no. AS-01/DZ- 0179 was recovered from the possession of the two accused-petitioner.
6. Mr. Khan has submitted that the accused-petitioner has not been named in the FIR and after arrest of the accused-petitioner, he was remanded to custody on 06.06.2021. He is in custody for 82 days. The investigation of the case must have progressed considerably and Page No.# 3/4 further custodial demotion of the accused-petitioner may not be necessary. It is further submitted by him that few of the other co-accused persons including the main accused, Abdul Barek, have already been released on bail.
7. Mr. Parashar, learned Additional Public Prosecutor, who has received the case diary, has submitted that earlier the prayer for bail of the accused-petitioner was rejected on 05.08.2021 after perusal of the materials in the case diary produced on that date.
8. I have considered the submissions of the learned counsel for the parties and considered the materials in the case dairy, as have been referred to by the learned Additional Public Prosecutor.
9. Considering the facts that the accused-petitioner is in custody for 82 days since 06.06.2021; that the investigation of the case has progressed considerably; and that a number of accused persons including the main accused, Abdul Barek who were arrested, have already been released on bail, this Court is of the view that further custodial detention of the accused-petitioner is not necessary for the purpose of carrying out investigation of the case and his release on bail, at this stage of investigation, is not likely to cause any prejudicial effect in the further investigation, provided he continues to extend his assistance and co- operation in the further investigation of the case.
11. Accordingly, it is directed that the accused-petitioner shall be released on bail on furnishing a bail bond of Rs. 25,000/- with one local surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Goalpara, subject to the conditions that :-
[i] the accused-petitioner shall co-operate with the investigation and make himself available for interrogation whenever required by the Investigating Officer (I.O.) of the case;
[ii] the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
Page No.# 4/4 [iii] the accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; [iv] the accused-petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected;
[v] the accused-petitioner shall regularly remain present during the trial and co- operate the Court to complete the trial for the above offences, if charge sheeted in the case; and [vi] The accused-petitioner shall not leave the territorial jurisdiction of the Chief Judicial Magistrate, Goalpara without written permission from the said court.
12. Liberty is granted to the accused-petitioner to produce a downloaded copy of this order and the jurisdictional court shall verify the same from the website before acting on it.
The application stands disposed of in the aforesaid terms.
JUDGE Comparing Assistant