Md Amir Ali v. The State of Assam

ORDER

30.09.2024

¶1Heard Md A. Hussain, learned counsel for the petitioner Md. Amir Ali.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

11.09.2024 in connection with Mangaldai P.S. Case No. 119/2024 registered Page No.# 2/3 under Sections 454/380 of the IPC.

¶3Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Learned Additional Public Prosecutor has raised serious objection stating that the petitioner is a history sheeter and he has committed house trespass in not one but in several instances. He has several antecedents, and bail may not be granted to the petitioner as the petitioner is not entitled to bail.

¶5I have considered the submissions at the Bar with circumspection. It is true that the petitioner was earlier arrested in connection with another case as he was shown arrested in connection with this case.

¶6I have considered the length of detention as the petitioner has been behind bars for more than 20 days in connection with this case and since he was arrested in an earlier case, he is behind bars for more than 40 days.

¶7It appears that investigation may have progressed to a considerable extent. It appears that further custodial detention may not be required for the progress of investigation. It appears that bail may be granted to the petitioner.

¶8Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Darrang, Mangaldai under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged, and

(ii) The petitioner shall not leave the jurisdiction Page No.# 3/3 of the Court without prior permission.

¶9On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶10In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010204232024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2995/2024 MD AMIR ALI S/O IBRAHIM ALI, VILL- CHUKABAHI, P.S.-DALGAON, DIST- DARRANG, ASSAM, PIN-784514 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD. A HUSSAIN, J RAHMAN,MR. T ISLAM,MR. K ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND