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

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR Date : 02.05.2023 ORDER Heard Mr. HRA Choudhury, learned Senior Counsel for the accused petitioner as well as Mr. MP Goswami, learned Addl. P.P., Assam for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Idrish Ali, has prayed for grant of bail in connection with Gobardhana P.S. Case No.66/2023 under Page No.# 2/3 Section 353/34 of the IPC r/w Section 25 (1-A) of the Arms Act. The case relates to recovery and seizure of one Factory made pistol and four round live ammunitions from the possession of present accused petitioner and one Shadahat Ali during a Naka Checking by the informant and his staff. It is noticed that the accused petitioner is in judicial custody for 60 days since 03.03.2022. On considering the facts and circumstances that emerged from the case diary as well as considering the length of detention of the accused petitioner in judicial custody, this Court is of the considered opinion that further continuation of detention of the accused petitioner in the interest of investigation is not warranted. Accordingly, it is provided that the accused petitioner, named above shall be released on bail of Rs. 40,000/- ( Forty Thousand) with one surety of like amount to the satisfaction of the learned CJM, Baksa at Mushalpur subject to the following conditions- : (i) That the accused petitioner shall cooperate 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 Police Officer or the Court; and (iii) That the accused petitioner shall refrain from committing any similar offence in future, of which he is accused of commission. This disposes of the bail application. Return the case diary. JUDGE Comparing Assistant Page No.# 3/3