Allowed

Rana Ali @ Md. Rana Ali and 2 Ors. v. the State of Assam

Gauhati HC1 Mar 2021Bail Appln./410/2021

Case brief

AI extract

What is this about?

This bail application allows two petitioners on bail who were remanded to judicial custody following arrests in connection with IPC offences including public assembly and provoking affray. The court noted the petitioners are well-settled locally, their business interests, and the lack of tangible incriminating material to suggest absconding. They were granted bail subject to furnishing personal an

What did the court decide?

petitioners allowed to go on bail by furnishing P.R. Bond of Rs. 30,000 each with a surety bond of the like amount.

Rana Ali @ Md. Rana Ali and 2 Ors. Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

¶1

Page No.# 1/4

¶2

GAHC010026722021

¶3

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

¶4

Case No. : Bail Appln./410/2021

¶5

RANA ALI @ MD. RANA ALI AND 2 ORS S/O LT. NURUDDIN ALI, R/O VILL-NAGAON, P.S.-BAIHATA CHARIALI, DISTKAMRUP, ASSAM

¶6

2: MD. CHINTU BORAH @ CHINTU BORAH S/O MD. ABDUL RAHMAN BORAH R/O VILL-NAGAON P.S.-BAIHATA CHARIALI DIST-KAMRUP ASSAM

¶7

3: NANDESWAR DEKA S/O LATE PRIYA NATH DEKA R/O VILL-MADANPUR P.S.-CHANGSARI DIST-KAMRUP ASSA

¶8

VERSUS

¶9

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶10

Advocate for the Petitioner : MR. S MUNIR

¶11

Advocate for the Respondent : PP, ASSAM

¶12

Linked Case : Bail Appln./409/2021

¶13

Page No.# 2/4

¶14

RANA ALI @ MD. RANA ALI AND ANR S/O LT. NURUSSIN ALI R/O VILL-NAGAON P.S.-BAIHATA CHARIALI DIST-KAMRUP ASSAM

¶15

2: MD. CHINTI BORAH @ CHINTI BORAH S/O MD. ABDUL RAHMAN BORAH R/O VILL-NAGAON P.S.-BAIHATA CHARIALI DIST-KAMRUP ASSAM VERSUS

¶16

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM

¶17

-----------Advocate for : MR. S MUNIR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

¶18

BEFORE

¶19

HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

¶20

ORDER

¶21

Date : 01-03-2021

¶22

Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. N.K. Kalita, learned Addl. P.P., Assam appearing for the State respondent.

¶23

The two bail matters are taken up and heard together because two of the applicants in the bail application No. 410/2021 i.e. Rana Ali @ Md. Rana Ali and Md. Chintu Borah @ Chintu Borah were also arrested in connection with Changsari P.S. Case No. 38/2021 and remanded to judicial custody after they were remanded in connection with Changsari P.S. Case No. 43/2021.

¶24

Page No.# 3/4

¶25

It appears from the submissions of the learned counsels that the applicants have been in jail for 36 days in connection with Changsari P.S. Case No. 43/2021 and 28 days in connection with Changsari P.S. Case No. 38/2021. The offences charged against the accused persons in the Changsari P.S. Case No. 43/2021 are under Sections 147/352/353/323/336/506/427 IPC. The only offence which is non-bailable is the one under Section 352 of the IPC. Section 353 provides punishment of two years or with fine or both. It appears from the submission of the learned Addl. P.P. that the investigation is still going on as some more persons are yet to be arrested.

¶26

From the submission of the learned counsel for the petitioners it appears that the petitioners are permanent residents of village Nagaon, Baihata Chariali and Madanpur both under Chansari P.S. It also appears that they are running their own businessess at their respective villages and they belong to families who are well settled in the village. Therefore, this Court is of the view that they are not likely to abscond to avoid the investigation and the trial of the case. Considering all these and the nature of the offence and the time period they have already undergone in custody, they are allowed to go on bail on furnishing a P.R. Bond each of Rs. 30,000/- with a surety bond each of the like amount, to the satisfaction of the concerned Magistrate. On their release they should also co-operate with the I.O. of the case and not leave the station without prior permission of the I.O. till further order.

¶27

In the second case the learned Addl. P.P. has submitted that as per the statement of the Chintu Borah one of the accused who is also one of the petitioners, it appears that the applicants herein were involved in the commission of the offence charged in the FIR case. The offence charged against the applicants is under Section 397 of the IPC which provides for punishement of not less than 7 years. On reading the statement of Chintu Borah which is in local vernacular but translated to me in English, there is nothing to show that the accused persons who are applicants in this case had committed the offence as charged against them on that day. Moreover, since the order for remand was passed they have been in custody for 28 days therefore, if there is any incriminating materials against them the I.O. of the case would have disclosed the same by now. The fact that though quite some time has gone by but, there has not been anything tangible to show that the two applicants (accused) are likely to have taken part in the commission of the offence charged in the FIR shows that they are likely to be innocent.

¶28

Keeping all the above in view and considering the fact that the petitioners are well settled in their village, I am of the view that they can be released on bail with certain conditions. The certain conditions are as follows :-

¶29

They should furnish P.R. bond each of Rs. 30,000/- and with a surety bond each of the like amount.

¶30

They should also not leave the station without prior permission of the I.O. until further order and should not indulge in any activity which interfere with the investigation.

¶31

Page No.# 4/4

¶32

The bail applications are disposed of in terms of the orders given above.

¶33

Return the C.D.

¶34

JUDGE

¶35

Comparing Assistant

Rana Ali @ Md. Rana Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rana Ali @ Md. Rana Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ali Akbar Mira Vs the State of Assam and 3 Ors.

Pompi Saikia Vs the State of Assam and 5 Ors.

Wasim Akram Vs the State of Assam and 4 Ors.

Kanak Chandra Patowary Vs Sanjeeb Kumar Bhuyan and Anr.

Ajay Mili Vs the State of Assam and 4 Ors.

Lenitha Marak Vs the State of Assam and 3 Ors.