Second bail application under Section 439 CrPC in a cheating and forgery case. Noting substantial progress in investigation and 82 days' detention, the court granted bail on a bond of Rs.30,000 with one surety, subject to cooperation with investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010086252024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1261/2024
SAIFUL ISLAM S/O MAINUDDIN R/O PHUKAN DOLONI, P.S.LALUK DIST. LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR M A ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 15.05.2024
Heard Mr. M. A. Islam, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.
This is a second bail application under Section 439 of Cr.P.C for granting bail to the petitioner i.e. Saiful Islam, who was arrested on 23.02.2024 in connection
Page No.# 2/3
with Merapani PS Case No. 4/2024 registered under Section 120(B)/409/420/468 IPC read with Section 66(D) IT Act.
Pertinent that by order dated 10.04.2024, this Court had earlier rejected the prayer for bail.
Mr. M. A. Islam, learned counsel for the petitioner submits that the petitioner has been languishing in the jail since last 82 days.
Mr. D. Das, learned Additional Public Prosecutor opposes the prayer for bail.
I have heard the submissions made at the bar and perused the material available on record.
It appears that the investigation has substantially progressed.
It further appears that the petitioner has been last interrogated on 21.02.2024.
It further appears that the petitioner has been languishing in the jail since last 82 days.
Considering the length of detention, this Court is of the considered view that further detention may not be justified for the ongoing investigation.
Considering the facts and circumstances of the case, it is provided that the petitioner, named above, shall be released on bail in connection with the above noted case on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of the learned CJM, Golaghat.
The bail granted to the petitioner shall be subject to the following
Page No.# 3/3
conditions:
i) The petitioner shall co-operate with the investigation,
ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any PoliceOfficer; and
iii) The petitioner shall refrain from such activities with which he is
alleged, failing which, bail orders shall stand cancelled.
With the above observations and directions, this bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner, detained 82 days with investigation substantially progressed, should be released on bail in a second application under Section 439 CrPC.
3 provisions across 3 enactments
Saiful Islam
The State of Assam Rep by the PP, Assam
Kaushik Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
