THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. DITUL DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 14 .03. 2023 ORDER Heard Mr. D. Das, learned counsel for the petitioner, Md. Abul Haldar @ Ladu. Also heard Ms. S.H. Bora, learned Addl. Public Prosecutor for the State respondent. The petitioner, Md. Abul Haldar @ Ladu has filed this bail application under Page No.# 2/3 Section 439 Cr. P.C. with prayer for bail as the petitioner is in jail since

31.10.2022 in connection with PRC No. 03/2023 (Corresponding to G.R. Case No.296/2022 arising out of Behali P.S. Case No. 54/2022) registered under Sections 371/34 IPC, pending in the court of Judicial Magistrate, First Class, Biswanath. I have perused the case diary as well as the scanned copy of the LCR. The learned Addl. PP has submitted that the charge sheet has been laid against the petitioner and other two accused persons. It is submitted that the petitioner will co-operate with the trial and he is a local resident. I have considered the submissions at the Bar. The learned Addl. PP has raised serious objection against the prayer of bail stating that the statement of the victim recorded under Section 164 Cr. P.C. reflects incriminating materials against the petitioner and the petitioner is a repeat offender and the allegations against the petitioner depicts a heinous offence. I have given my anxious consideration to the submissions of the learned counsels for the parties. Considering all aspects and in view of my foregoing discussions, prayer for bail is allowed. The petitioner, Md. Abul Haldar @ Ladu be enlarged on bail on furnishing a bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned Judicial Magistrate, First Class, Biswanth in connection with the aforementioned case under the following conditions:-

the petitioner shall refrain from such activities with which he is Page No.# 3/3 alleged;

the petitioner will not exercise threats to any persons acquainted with the facts of the case;

the petitioner shall not tamper with the evidence; and

the petitioner shall not leave the jurisdiction of the court till completion of the trial. Bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant