Muslem Ali vs State Of Assam

Heard Mr. N. Uddin, learned counsel for the accused-petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Muslem Ali has prayed for his release on bail in connection with Crime Branch Police Station Case no. 11/2021, registered under Sections 120B/420/409/467/468/471, Indian Penal Code (IPC).

The First Information Report [FIR] was lodged on 20.09.2021 by the Additional Deputy Commissioner, Kamrup (M). In the FIR, the informant has, inter alia, mentioned about illegalities and irregularities committed in the different Circle Offices under the district and about existence of middlemen which has caused hindrances in delivery of services relating to revenue administration. The informant has also alleged that there exist collusions between middlemen and officials in the Circle Offices who resort to unlawful means and as a result, the same have caused inconvenience to the public at large, more particularly, to the persons who seek different services relating to their lands and other ancillary matters related to lands.

The learned counsel for the accused-petitioner has submitted that the accused-petitioner, after arrest, was remanded to custody on 21.09.2021 and since then he is in custody. It is submitted by him that no specific allegation has been made against the accused-petitioner in the FIR. The forwarding report is also silent about any illegal act attributable to the accused-petitioner. It is submitted by him that considering the length of detention and absence of specific allegation against the accused-petitioner, he may be allowed to go on bail and the accused-petitioner will extend all the assistance and co-operation in the further investigation of the case. He has submitted that similarly situated accused persons have already been released on bail by co-ordinate Benches of this Court after perusal of the materials in the case diary by different orders including an order dated 07.10.2021 passed in bail application, BA no. 2599/2021.

Perusal of the case diary goes to show that there is no incriminating material collected against the accused-petitioner during the course of investigation carried out so far which would justify his further custodial incarceration.

Having regard to the nature of allegations made in the FIR and considering the length of detention of the accused-petitioner since 21.09.2021, this Court is of the considered view that further custodial detention of the accused-petitioner is not necessary for the purpose of carrying out further investigation into the case and his release on bail, at this stage of investigation, is not likely to cause any prejudicial effect in the further investigation, provided he continues to extend his assistance and co-operation in the further investigation of the case.

Accordingly, it is directed that the accused-petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one local surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati subject to the conditions that :-

[i] the accused-petitioner shall co-operate with the investigation and make himself available for interrogation whenever required by the Investigating Officer (I.O.) of the case;

[ii] the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and

[iii] the accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

The application stands disposed of in the aforesaid terms.