Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 23 September, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010124442021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1972/2021
BAHARUL ISLAM AND 2 ORS
S/O FARMAN ALI
R/O AOLATOLI, P.S. LAKHIPUR
DIST. GOALPARA, ASSAM
2: MD. RAFIK @ PUALI @ RAFIK HUSSAIN
S/O MONOWAR HUSSAIN
R/O NAGESWAR P.S. DALGAON
DIST. DARRANG
ASSAM
3: MD. RAHUL @ ASIF ALI @ RAHUL ALI
S/O ABBAS ALI
R/O MUKALMUA P.S. MUKALMUA
DIST. NALBARI ASSA
VERSUS
THE STATE OF ASSAM
BEING 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 AJIT BORTHAKUR
ORDER
Date : 23.09.2021 Heard Mr. A. M. Khan, learned counsel appearing for the accused petitioners as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the Page No.# 2/3 State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioners, namely, 1. Md. Baharul Islam, 2. Md. Rafik @ Puali @ Rafik Hussain and
3. Md. Rahul @ Asif Ali @ Rahul Ali, have prayed for grant of bail in connection with Dispur P.S. Case No. 2549/2021 u/s 392 of the IPC.
The case diary, as called for, is placed before the Court.
The F.I.R. reveals the allegation that on 15.07.2021, the informant was going towards KFC and at that time, the FIR named accused persons came and snatched away the mobile phone of the informant, which was captured in the CCTV.
On perusal of the case diary, it appears that there are prima facie incriminating materials against the accused petitioners, subject, of course, to final outcome in investigation. However, having considered the length of detention in judicial custody, this Court is of the considered opinion that further continuation of detention of the accused petitioners, in the interest of investigation, is not warranted.
Accordingly, it is provided that the accused petitioners, named above, shall be released on bail of Rs. 10,000/- each with one surety of like amount to the satisfaction of the learned C.J.M., Kamrup (M), subject to the following conditions-
(i) That the accused/petitioners shall cooperate with the Investigating Officer as and when required;
(ii) That the accused/petitioners 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 Police Officer or Page No.# 3/3 the Court; and
(iii) That the accused/petitioners shall refrain from committing any similar offences in future of which they are accused or suspected of commission.
Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant