Allowed

Arif Ali v. the State of Assam

Gauhati HC17 Dec 2019Bail Appln./3879/2019

Case brief

AI extract

What is this about?

In this bail application, the Gauhati High Court considered the petitioner's detention since early November 2019 in connection with an robbery case. After reviewing the case diary and interrogation reports, the Court found further detention unnecessary and granted bail.

What did the court decide?

Petitioner granted bail of Rs. 10,000/- with one local surety of the like amount, subject to standard bail conditions.

Arif Ali Vs the State of Assam — Bail and Remand | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010298662019

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln. 3879/2019

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1:ARIF ALI

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S/O- MD. MUKUT ALI, R/O- VILL- BORALABARI, AHOTGURI, P.SCHANGSARI, DIST- KAMRUP, ASSAM

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VERSUS

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1:THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR R K MOUR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 17-12-2019

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Heard Mr. P. Das, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State.

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This application under Section 439, Code of Criminal Procedure, 1973 has been filed praying for bail of the petitioner viz. Arif Ali, who has been in detention since 03.11.2019 in connection with Changsari P.S. Case No. 491/2019, registered under Section 392, I.P.C.

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The allegations in the FIR, inter-alia, are that on 30.10.2019 at around 08-45 p.m., when the informant was coming from his work place at Guwahati on a bike, he was intercepted at Rangmahal Garh by some miscreants by coming on a bike and snatched his bag which stated to have contained Rs. 1,20,000/-, one iphone, tablet, blank cheque and some other important documents related to his shop and one cheque amounting to Rs. 1,15,000/-.

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Page No.# 2/2

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Upon registration of the case, the petitioner was arrested on 03.11.2019 and in the forwarding report annexed to this petition, it is mentioned that the accused-petitioner is strongly suspected to be involved in the case.

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The case diary as called for, has been received. The case diary reveals that the petitioner has been thoroughly interrogated in custody. It further reveals that one mobile phone, brand – Vivo has been recovered from his custody. Along with the petitioner, another person, Mohammad Nur Islam was also arrested on the same date. Upon due consideration of the facts that have emerged from above and the period of detention the petitioner is in custody, I am of the view that further custodial detention of the petitioner for the purpose of the further investigation of the case is not necessary and his release on bail is unlikely to hamper further investigation of the case.

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Accordingly, the petitioner is allowed to be enlarged on bail of Rs. 10,000/- with one local surety of the like amount to the satisfaction of the learned SDJM, Rangia, subject to the following conditions:-

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The petitioner shall not leave the territorial jurisdiction of the learned SDJM, Rangia without prior information to the Investigating Officer of the Case;

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The petitioner shall not hamper with the investigation or tamper with the evidence of the case; and

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The 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 to the Court or to any police officer.

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The bail application stands disposed of in the aforesaid terms.

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JUDGE

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Comparing Assistant

Arif Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Arif Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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