Shahen Shah vs State Of Assam

Heard learned counsel for the applicant and also learned counsel for the prosecution.

Shahen Shah, aged 62 years, has filed this application for bail under Section 439 of the Code of Criminal Procedure, 1973 in Tengakhat Police

Station Case No.137/2019 under Section 294/326/307/342/34 of the Indian Penal Code.

I have gone through the contents of the FIR at issue. The allegation in the FIR is that when Akhtar Nadim Shah went to visit M/s Amulguri Tea &

Seed Estate, he was attacked including by the applicant Shahen Shah.

Mr. N.J. Gogoi, learned counsel for the complainant has appeared in the Court.

It is the case of the accused and the complainant that Title Suit in regard to the garden-M/s. Amulguri Tea & Seed Estate is pending adjudication.

Both the sides claim ownership/possession of the Tea Estate.

Considering the nature of the issue and the fact that both sides are relatives and claim title of the property, possibility of false implication cannot be

ruled out. Considering the facts and circumstances of the case in totality, the application is allowed.

Accordingly, the accused-applicant named above, shall be released on bail in connection with the aforesaid case on furnishing bail bond in the sum

of Rs.10,000/-, with a suitable surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Dibrugarh.

The direction for bail is further subject to the conditions that the accused-applicant :

(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Dibrugarh, without prior written permission from him;

(b) shall not hamper with the investigation, or tamper with the evidence of the case; and

(c) 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 or to any police officer.

The application is allowed in the above noted terms.