Hamed Ali @ Hamid Ali @ Hamidul vs State Of Assam

Heard Mr. PP Baruah, learned counsel for the petitioners. Also heard Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the

State respondent.

This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioners, namely, 1. Hamed Ali @ Hamid Ali @ Hamidul

and Mogrob Ali @ Mograb Ali, in connection with Goalpara Police Station Case No. 372/2021 registered under Sections 120(B)/468/420/379/511 of

the IPC read with Sections 14/14C of Foreigners Act read with Section 3(3) of Passport (Entry into India) Act read with Section 11 of Prevention of

Cruelty to Animals Act.

Perused the petition as well as the annexure furnished therewith.

The accused-petitioners have been in custody since 17.06.2021 and as such, for a period of 62 (sixty two) days, as on date.

Mrs. Borah, learned Additional Public Prosecutor, on instructions, has submitted that the investigation of the case has not been completed and charge-

sheet has also not been laid.

That being so, as the investigation of the case has not been completed within the statutory period prescribed therefor, i.e., 60 (sixty) days, the

petitioners are entitled to default bail. Therefore, the accused-petitioners are granted default bail.

Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of

Rs. 25,000/- each with two suitable sureties each of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Goalpara.

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

(a)Â Â shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Goalpara, without prior written permission from him;

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

or

(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.

The petition stands disposed of accordingly.