High CourtsSingle Bench

Md. Taher Ali vs State Of Assam

Gauhati HC · Decided on 1 June 2021 · Citation: (2021) 06 GAU CK 0018

HON’BLE JUDGES
Ajit Borthakur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 366
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 972 Of 2021
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Judgment

17 paragraphs · 272 words

Ajit Borthakur, J

Heard Mr. T. Chutia, learned counsel for the accused petitioner and Mr. N.J. Dutta, learned Addl. P.P. for the State respondent.

By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Md. Taher Ali has prayed for grant of bail in connection with Uluani P.S.

Case No. 20/2021, under Sections 366/34 of the IPC.

The case diary, as called for, is placed before the Court.

The accused petitioner has been behind the bar since 31.03.2021, i.e., for 62 days.

Mr. N.J. Dutta, learned Addl. P.P. submits that the case diary shows that the present accused petitioner is not the prime accused in the case. Mr.

Dutta also submits that the statutory period of detention of the accused petitioner is also over.

Considering the length of detention and in view of the current second wave of Covid-19 pandemic, this Court is of the considered opinion that if the

liberty of bail is granted to the accused petitioner, the ongoing investigation is unlikely to be adversely affected.

Therefore, it is provided that the accused-petitioner, named above, shall be released on bail of Rs. 10,000/- (Rupees Ten Thousand) with one surety of

the like amount to the satisfaction of the learned S.D.J.M., Kaliabor, Nagaon subject, of course, to the following conditions:

i) That the accused-petitioner shall co-operate with the investigating officer as and when required;

ii) That the accused-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 from disclosing such facts to the Court.

Return the case diary.

This disposes of the bail application.