Gauhati High Court
Rashidul Ali vs The State Of Assam on 12 March, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/2
GAHC010016752021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./313/2021
RASHIDUL ALI
S/O ABU SIDDIQUE ALI, VILL-CHAR KANAIMARA, P.S.-SOUTH SALMARA,
DIST-SOUTH SALMARA MANKACHAR, ASSAM, PIN-783135
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. L R MAZUMDER
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 12.03.2021 Heard Mr. AZ Ahmed , learned counsel for the accused petitioner and Mr. NJ Dutta, learned Addl.Public Prosecutor appearing for the State respondent.
By this petition under Section 439 Cr.P.C., the petitioner, namely, Rashidul Ali has prayed for bail in connection with Mankachar PS Case No.746/2019 ( GR No.1016/2020) Under Sections 120B/143/302 of the IPC.
Case diary, as called for, is received.
The allegation in the FIR is that on 18.10.2020 at about 12.30 am, near the Indo-
Page No.# 2/2 Bangladesh border, one police Constable namely, Raben Das was drowned to death in the river 'Dead River', by cattle smugglers while he was on patrolling duty along with other personnel and followed those cattle smugglers.
The post-mortem report shows that the cause of death of the deceased was asphyxia as a result of drowning.
A perusal of the case diary reveals that two cattle smugglers including the present accused were caught red-handed with two cows.
There is prima facie incriminating evidence against the accused. The investigation is yet to be completed. However, keeping in consideration of the length of detention of the accused since 18.01.2021, that is for 53 days and the progress of investigation in respect of him, this Court is of the opinion that if the liberty of bail is granted to the petitioner, the ongoing investigation is unlikely to be adversely affected.
Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of the learned SDJM(M), Hatsingimari, subject, of course, to the following conditions:
1. That the accused petitioner shall co-operate in the investigation as and when required;
2. That 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 either to the Court or to any police officer; and
3. That the accused petitioner shall not commit any similar offence, of which he is suspected of commission Return the case diary.
With the above directions, the bail application stands disposed of.
JUDGE Comparing Assistant