Allowed

Azahar Ali v. the State of Assam

Gauhati HC14 May 2019Bail Appln./969/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a bail application under S. 439 Cr.P.C. concerning a quarrel between auto drivers involving alleged theft and assault where the matter was claimed to be compromised. The court granted bail.

What did the court decide?

Petitioner released on bail of Rs. 15,000/- with one surety of the like amount to the satisfaction of the CJM, Kamrup (M) at Guwahati subject to standard conditions.

Azahar Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2019)

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GAHC010086582019

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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. 969/2019

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1:AZAHAR ALI

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S/O- MOYAN ALI, R/O- VILL- DIGRIPAM, P.S. BAGHBOR, DIST- BARPETA, ASSAM, PIN- 783001

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VERSUS

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

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Advocate for the Petitioner : MR. S C BISWAS

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 14-05-2019

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Heard Mr. SC Biswas, learned counsel for the accused-petitioner as well as Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State respondent.

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By this application under section 439 of the Cr.P.C., the petitioner namely, Azahar Ali

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has prayed for grant of bail, in connection with Paltan Bazar PS Case No. 361 /2019 under Sections 379/325/324/506/ 34 of the IPC.

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The case diary, as called for, is placed before the Court.

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Mr. SC Biswas, learned counsel for the accused-petitioner submits that the instant case was the result of a quarrel between two auto drivers and thereafter, a false ejahar was lodged

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and further, that the matter has been compromised on intervention of the Auto Drivers’ Association. Therefore, Mr. Biswas submits that further detention of the accused is not necessary in the interest of investigation.

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Mr.B Sharma, learned Addl.P.P., Assam, submits that the case diary reveals that the incident took place between two auto drivers and thereafter, the allegation of commission of theft in respect of cash amount of Rs.700/- , a mobile phone, has been made against the accused. Mr. Sharma further submits that the evidence so far collected by the I.O. does not indicate the commission of theft. Therefore, Mr. Sharma submits that further custodial interrogation may not be required in the interest of the investigation of the case.

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Having considered the above submissions made by the learned counsel for both the sides and on consideration of the materials on the case diary, this Court is of the considered view that if the liberty of bail is granted to the accused person, further investigation in the case is unlikely to be adversely affected.

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In view of the above reasons, it is provided that the accused person, namely, Azahar Ali shall be released on bail of Rs. 15,000/- with one surety of the like amount to the satisfaction of the learned CJM, Kamrup (M) at Guwahati on the following conditions:-

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That the accused shall cooperate with the investigating officer as and when required;

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That the accused 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; and

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That the accused shall not hamper in the investigation, or tamper with the evidence of the case.

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Return the case diary.

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With the above directions, the bail application stands disposed of.

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JUDGE

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Comparing Assistant

Azahar Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Azahar Ali v. the State of Assam

Case brief

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