Disposed

Azadul Islam @ Azad Ali v. the State of Assam

Gauhati HC16 Jul 2024Bail Appln./1853/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC in a kidnapping for ransom case where anticipatory bail was earlier refused. With the victim's statement recorded and investigation substantially progressed, the court held further custody unnecessary and granted bail with conditions.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.25,000 with one solvent surety, subject to four conditions.

Azadul Islam @ Azad Ali Vs the State of Assam — Bail and Remand | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010126732024

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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./1853/2024

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AZADUL ISLAM @ AZAD ALI S/OLT. DELBOR HUSSAIN VILL- TOKRABANDHA P.S. BILASIPARA DIST. DHUBRI, 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 R A AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R

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17.07.2024

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Heard Mr. RA Ahmed, learned counsel for the petitioner. Also heard Mr. MP

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Goswami, learned Additional Public Prosecutor, Assam.

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This is an application filed under Section 439 of the Cr.P.C. praying for granting regular bail to the petitioner, Azadul Islam @ Azad Ali, who was arrested on 01.05.2024 in connection with Bilasipara PS case No. 62/2024 under Section 364 (A) IPC.

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The petitioner earlier approached this court seeking anticipatory bail in AB 882/2024. However, after perusal of the case diary, this court refused to grant privilege of anticipatory bail under its order dated 22.04.2024 inasmuch the recovered victim implicated the present petitioner along with other accused in commission of the offence.

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The petitioner was arrested on 01.05.2024. It is seen that the statement of the victim has been recorded and the investigation has also been substantially progressed.

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Considering above, this court is of the view that no further custodial interrogation/ detention of the petitioner is required. Accordingly, it is directed that the petitioner, above named, in connection with the aforementioned case be released on bail on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the learned SDJM, Bilasipara with the following conditions.

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(1) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

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(2) The petitioner shall not repeat similar offence in future;

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(3) The petitioner 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 them from disclosing such facts to the Court or to any police officer,

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(4) The petitioner shall appear before the I/O on each and every date as called for.

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Bail application stands disposed of.

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JUDGE

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Comparing Assistant

Azadul Islam @ Azad Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Azadul Islam @ Azad Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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