Ajibar Rahman Vs the State of Assam

2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Ajibar Rahman in connection with Kokrajhar P.S. Case No. 33/2026 registered under Sections 103(1)/61(2) of BNS, 2023.

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3. Case diary received. Perused the same.

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4. It is submitted by Mr. Ahmed, learned counsel that the petitioner has not committed any such offence as alleged in the FIR. Rather on the day of incident he went out from his house at about 9 am and thereafter he heard about the incident and immediately rushed to the place of occurrence and saw the deceased lying in a hanging condition. He submitted that on the day itself he surrendered before the I.O. and since last 67 days he is custody. As he himself surrendered before the I.O., there is no flight risk for the present petitioner, rather he will extend his cooperation in further investigation of the case as and when his cooperation will be required.

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5. Mr. Ahmed, learned counsel further submitted that on the day of his arrest, he was produced before the Court and accordingly he was sent to judicial custody and the I.O. did not pray for any police remand or police custody for his custodial interrogation. As the petitioner is in custody since last 67 days, the I.O. got sufficient opportunity to interrogate him, keeping him in custody.

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Accordingly, Mr. Ahmed, learned counsel submitted that the petitioner may be given the privilege of bail at this stage.

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6. Mr. Sarma, learned APP submitted that the provisional post mortem is received, but the final opinion obtained by the I.O. as the FSL report is still awaited. Further he submitted that from the materials available in the case diary it is seen that there are sufficient incriminating materials against the present petitioner and some of the witnesses also stated that he used to torture the victim both mentally and physically before her death. Mr. Sarma accordingly submitted that further custodial interrogation may be necessary for the purpose of investigation.

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7. Hearing the submissions made by the learned counsel for both sides and considering the materials available in the case diary and also considering the length of detention already undergone by the petitioner, this Court is of the opinion that further custodial interrogation of the petitioner may not be required for the purpose of investigation of the case and accordingly, I find it a fit case to extend the privilege of bail to the petitioner.

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8. Accordingly, the accused/petitioner, namely, Ajibar Rahman be released on bail in connection with Kokrajhar P.S. Case No. 33/2026 registered under Sections 103(1)/61(2) of BNS, 2023, on furnishing a bond of Rs. 25,000/(Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Kokrajhar subject to the following conditions:-

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(i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid

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P.S. Case and

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(ii) that 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 him/her from disclosing such facts to the Court or to any police officer.

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9. With the above observation and direction, this bail application stands disposed of.

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10. Return the case diary herewith.

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JUDGE

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Ajibar Rahman v. the State of Assam

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Ajibar Rahman v. the State of Assam

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