Allowed

Md. Fakharuddin Ali Ahmed v. the State of Assam

Gauhati HC8 Nov 2021Bail Appln./2485/2021

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a bail application filed under Section 439 Cr.P.C. The accused, detained for 54 days in connection with theft and Essential Commodities Act violations, was granted bail upon furnishing a bond and complying with specific judicial conditions regarding jurisdiction, investigation, and tampering.

What did the court decide?

Accused petitioner granted bail upon furnishing a bail bond of Rs. 15,000 with a suitable surety and complying with conditions of not leaving jurisdiction, not hampering investigation, and not influen

Md. Fakharuddin Ali Ahmed Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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GAHC010155942021

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

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Case No. : Bail Appln./2485/2021

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MD. FAKHARUDDIN ALI AHMED SON OF KHAIBAR ALI R/O BAMUNBARI P.S. MUKALMUWA DIST. NALBARI, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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08-11-2021

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Md. Fakharuddin Ali Ahmed , in connection with Mukalmuwa Police Station Case No. 550 of 2021 , registered under Section 379 of the IPC, read with Section 7 of the Essential Commodities Act .

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Heard Mr. S. Munir, learned counsel appearing for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor.

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The case diary produced has been perused. The last entry in the case diary is dated 20-09-2021.

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Page No.# 2/2

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The accused-petitioner has been in custody for 54 days as on date with effect from the date of arrest, i.e., 14/09/2021, excluding the date of remand.

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Considering the nature of offences alleged, stage of investigation, materials so far collected and the quantity of seized kerosene oil involved as well as the length of detention of the accused-petitioner in custody for 54 days as on date, he is granted bail.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.15,000/- with a suitable surety of the like amount, to the satisfaction of learned jurisdictional Chief Judicial Magistrate.

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The direction for bail is further subject to the conditions that the accusedpetitioner:

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(a) shall not leave the territorial jurisdiction of learned jurisdictional Chief Judicial Magistrate, without prior written permission from him;

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(b) shall not hamper with the investigation of the case and tamper with the evidence of the case;

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(c) 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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In terms of the above, this bail application stands disposed of. Return the case diary.

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JUDGE

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Comparing Assistant

Md. Fakharuddin Ali Ahmed v. the State of Assam

Case brief

What is this about?

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Md. Fakharuddin Ali Ahmed v. the State of Assam

Case brief

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