Siddik Ali v. The State of Assam

ORDER Date : 27-11-2024 Heard Mr. A. Hussain, learned counsel for the petitioner Siddik Ali, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 02.10.2024 in connection with Dalgaon Police Station Case No. 205/2024 under Sections 142/310(2) of Bhartiya Nyaya Sanhita, 2023. Page No.# 2/3

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for respondent State, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. The petitioner is complicit and the offence is of a grave nature.

¶3The allegation against the petitioner is that he along with three others have forcefully picked up the informant in a vehicle from the Car Dealer and detained him in the house of Sarowar Alom and physically assaulted him with intent to eliminate him and cause grave injuries on his person and snatched away Rs.1,60,000/- (Rupees One and Lac Sixty Thousand) from him.

¶4I have considered the submissions at the bar with circumspection. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. Investigation has progressed substantially. It appears that further custodial detention may not be required. I have considered the submission that the petitioner is willing to abide by any stringent bail conditions if imposed upon him.

¶5Considering all aspects, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction learned Chief Judicial Magistrate, Mangaldoi, Darrang under the conditions that :

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

(ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation,

(iii) the petitioner shall not exercise threats to the witnesses and tamper with Page No.# 3/3 the evidence and,

(iv) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶6On breach of any of the bail conditions, the learned trial Court is at liberty to cancel the bail granted to the petitioner.

¶7In terms of the above observation, this Bail Application stands disposed of.

¶8Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010232752024 2024:GAU-AS:11776 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3402/2024 SIDDIK ALI S/O LT. NAIB UDDIN, VILL- BORGHULI, P.S.-DALGAON, DIST- DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD. A HUSSAIN, MR. T ISLAM,MR. K ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND