Intaj Ali vs State Of Assam

The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Intaj Ali, in connection with Hajo P.S. Case

No.346/2021, registered under Sections 147/149/342/307/302 of the Indian Penal Code, read with Section 25(1-A)/27 Arms Act.

Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the

Respondent State.

Case diary produced has been perused.

Learned counsel for the petitioner has submitted that the accused petitioner was remanded to judicial custody on 24.03.2021. On perusal of the

forwarding report of the accused to the Court, it appears that the investigating police officer has sought for police custody of the accused petitioner.

There is no material placed before this Court to show that the police custody was granted or not, which was necessary for this Court to see whether

the accused has been in custody for 90 days is required to be counted in view of the decision of the Hon’ble Supreme Court in Pragya Singh

Thakur, Appellant Vs. State of Maharashtra, Respondent, reported in (2011) 10 SCC 445. On the other hand, learned counsel for petitioner has

insisted that he has completed 90 days in custody and, as such, he is entitled to grant of default bail.

Learned Additional Public Prosecutor has received the case diary. It is submitted by him that as per the materials in the case diary, charge-sheet has

also not yet been laid meaning thereby that investigation has not been completed.

However, considering the period of detention of 90 days as on date and taking into account that the case diary is still available with the learned

Additional Public Prosecutor, the petitioner is entitled to the grant of default bail. Considering such facts, the petitioner is granted default bail.

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

Rs.25,000/- with one suitable surety of the like amount, to the satisfaction of learned Judicial Magistrate First Class, Hajo, Kamrup.

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

(a) shall not leave the territorial jurisdiction of learned Judicial Magistrate First Class, Hajo, Kamrup, without prior written permission from him;

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

(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.

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