AB/3977/2011 of MD. SAHEB ALI @ SAIBALI and ANR Vs THE STATE OF ASSAM on 23 December 2011

AB 3977/2011BEFORE

HON’BLE MR. JUSTICE P.K. MUSAHARY

Heard Mr. Z. Hussain, learned counsel for the accused petitioners. Also heard Mr. B.S. Sinha, learned Additional P.P., Assam, who has produced the case diary, as called for, in connection with Mornoi P.S. Case No. 19/2011 registeredu/s 120(B)/147/148/149/34/326/307 and 379 IPC.

In the FIR as many as 10 persons have been named as accused persons including the present accused petitioners. The present accused petitioner No. 1 Md. Saheb Ali @ Saibali is a Secretary of Village Defence Party(VDP) and working as Siksha Mitra and the accused petitioner No. 2 Md. Anowar Hussain @ Anowar Ali is a Homeguard. There is no eye witness to the alleged incident. As per the statement of the informant, he could not identify any of the accused persons.

In my considered view, the petitioners being the Government servants wouldnot abscond or jump the bail if the same is granted. Accordingly, it is directed that the accused petitioners, namely, Md. Saheb Ali @ Saibali and Md. Anowar Hussain @ Anowar Ali, who are apprehending arrest in connection with the aforesaid case, shall be allowed to go on bail on furnishing a bail bond of Rs. 15,000/-each with one local surety each of the like amount to the satisfaction of the arresting authority on conditions prescribed u/s 438(2) CrPC. Further they are directed to appear in person before the I/O concerned within a period of 10 (ten) days from today for the purpose of investigation and recording their statement in accordance with law.

Bail application stands disposed of.