Gauhati High Court
Md. Abdul Rohim @ Rohim Ali vs The State Of Assam on 16 October, 2021
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/3
GAHC010162382021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2677/2021
MD. ABDUL ROHIM @ ROHIM ALI
S/O LATE ABDUL RASHID
VILL- BOGOLIJAN
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 16-10-2021 Heard Mr. M Rahman, learned counsel for the petitioner. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondents.
Page No.# 2/3 This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Md. Abdul Rohim @ Rohim Ali in connection with North Lakhimpur Police Station Case No. 1046/2021 registered under Sections 120(B)/420/406/409/34 of the IPC.
Perused the petition as well as the annexures furnished therewith including the copy of the FIR.
The allegation against the petitioner and others are that they are working as middlemen in the Circle Offices and are collecting bribe from different persons. Their such corrupt practices are allegedly hampering the proper functioning of the revenue administration.
It does not appear from the FIR as well as the forwarding report, etc that any person who has taken bribe is named or arrested in connection with this case. That apart, there is only an omnibus statement in the FIR which not only is unspecific but a vague one. The FIR also, prima facie, does not disclose a cognizable offence.
Considering such fact and the fact of detention of the accused- petitioner for 25 (twenty five) days, as on date, this court is of the view that his further custodial detention is not necessary for the purpose of investigation of the case. Therefore, the accused-petitioner is granted bail.
Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs. 20,000/- with a suitable surety of the like amount, to the satisfaction of the learned jurisdictional Chief Judicial Magistrate.
Page No.# 3/3 The direction for bail is further subject to the conditions that the accused-petitioner:
(a) shall not leave the territorial jurisdiction of the learned jurisdictional Chief Judicial Magistrate, without prior written permission from him;
(b) shall not hamper with the investigation, or tamper with the evidence of the case; and
(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.
JUDGE Comparing Assistant