Allowed

Sadakat Ali and Anr. v. the State of Assam

Gauhati HC8 Mar 2021Bail Appln./411/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a bail application under Section 439 Cr.P.C. filed by two accused persons detained for 37 days. Granting bail subject to a bond of Rs. 15,000 each and standard conditions regarding jurisdiction and investigation interference.

What did the court decide?

Bail granted on furnishing a bond of Rs. 15,000 each with a suitable surety to the satisfaction of Sub-Divisional Judicial Magistrate (M), Gossaigaon.

Sadakat Ali and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

¶1

Page No.# 1/2

¶2

GAHC010026662021

¶3

THE GAUHATI HIGH COURT

¶4

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

¶5

Case No. : Bail Appln./411/2021

¶6

SADAKAT ALI AND ANR

¶7

S/O LT. ALI MOHAMMAD, VILL-HARRA, SARDHANA, P.S.-SARURPAR, DIST-MEERUT, UTTAR PRADESH

¶8

2: DILSHAD S/O LT. YAMIN VILL-PALDI BUDHANA P.S.-SHAHPUR DIST-MUZAFFAR NAGAR UTTAR PRADES

¶9

VERSUS

¶10

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶11

Advocate for the Petitioner : MR I RAFIQUE

¶12

Advocate for the Respondent : PP, ASSAM

¶13

B E F O R E

¶14

HON’BLE MR. JUSTICE HITESH KUMAR SARMA

¶15

08-03-2021

¶16

This is an application made under Section 439 Cr.P.C., seeking bail by the accusedpetitioners, namely, 1) Sadakat Ali, and 2) Dilshad , in connection with Gossaigaon P.S. Case No.46/2021 registered under Sections 289/379/411/417/307 of the Indian Penal Code, read with Section 11(1)(a)(d)(e)(h) of the Prevention of Cruelty Act, read with Section 184/179 M.V. Act.

¶17

Page No.# 2/2

¶18

Heard Mr. A.M. Ahmed, learned counsel for the petitioners. Also heard Mr. N.K. Kalita, learned Additional Public Prosecutor, Assam for the State Respondent.

¶19

It has been submitted by the learned counsel for the petitioner that the petitioner has been in custody for 37 days as on date. Considering the period of detention, taking together the nature of the offence alleged, the petitioner be granted bail.

¶20

Mr. Kalita, learned Additional Public Prosecutor submits that although the case diary has not been received, yet considering the period of detention of the petitioner in custody and the nature of offence alleged, if the petitioner is granted bail, it is unlikely to adversely affect the investigation of the case.

¶21

Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the case aforementioned on their furnishing bail bond of Rs. 15,000/- each with a suitable surety each of the like amount, to the satisfaction of learned Sub-Divisional Judicial Magistrate (M), Gossaigaon .

¶22

The direction for bail is further subject to the conditions that the accused-petitioners:

¶23

(a) shall not leave the territorial jurisdiction of learned Sub-Divisional Judicial Magistrate (M), Gossaigaon , without prior written permission from him;

¶24

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

¶25

(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.

¶26

In terms of the above, this bail application stands disposed of.

¶27

JUDGE

¶28

Comparing Assistant

Sadakat Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sadakat Ali and Anr. 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

Subrata Das @ Kanai Vs the State of Assam

Madhu Chandra Das Vs the State of Assam

Fotik Ali Vs the State of Assam

Jayant Kalita @ Singh Vs the State of Assam

Miss Rahima Begum and Anr. Vs the State of Assam

Kankan Ray Vs the State of Assam