High CourtsSingle Bench(2021) 05 GAU CK 0017

Nizam Ali And Anr vs State Of Assam

Gauhati High Court · Decided on 27 May 2021

HON’BLE JUDGES
Suman Shyam, J
RESULT
Disposed Off
CASE NUMBER
Bail Application No. 837 Of 2021

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Judgment

12 paragraphs · 255 words

Heard Mr. M. S. Ali, learned counsel for the petitioners. I have also heard Page No.# 2/2 Mr. B. Sharma, learned Addl. P.P., Assam, appearing for

the State, who submits that complete Case Diary along with post mortem report/FSL report is not available.

The petitioners in this case were arrested on 27.02.2021 in connection with Rangia P.S. Case No.202/2021 registered under section 304(B)/34 IPC

and since then, they are in custody. Both the petitioners have completed 90 days in custody as on date. Since there is no possibility of submitting a

charge-sheet in this case during the course of the day, I am left with no option but to grant default bail to the petitioners.

It is, therefore, provided that the petitioner No.1, Nizam Ali and petitioner No.2, Meherun Nessa, be forthwith released on bail on furnishing a bond of

Rs.30,000/- each with one surety each of like amount to the satisfaction of the learned SDJM, Rangia. It is further provided that until such time the

investigation in the connected Police case is brought to its logical end, the petitioners shall not leave the jurisdiction of the I.O. without prior written

permission and they shall also render full cooperation with the investigation. The petitioners shall also refrain from directly or indirectly influencing or

threatening or coercing any witness connected with this case.

It is made clear that violation of any of the above conditions may lead to cancellation of the bail granted by this Court.

With the above observation, this Bail Application stands disposed of.