Rakibul Islam @ Rekib vs The State Of Assam
2022 Latest Caselaw 241 Gua

                                                                            Page No.# 1/2

GAHC010206772021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./3441/2021

            RAKIBUL ISLAM @ REKIB
            S/O LATE RIAZ UDDIN
            VILL- BHOGRANDHA
            P.O. GAJIA,P.S. BARPETA,
            DIST. BARPETA, ASSAM

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM


Advocate for the Petitioner   : MR. R ALI

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                            ORDER

Date : 25-01-2022

The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

Heard Mr. R Ali, learned counsel for the petitioner. Also heard Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent.

This is an application, filed under Section 439 of the Cr.PC. seeking bail of the Page No.# 2/2

accused-petitioner, namely, Rakibul Islam @ Rekib, in connection with Special Case No. 06/2021 arising out of CID Police Station Case No. 21/2020 registered under Sections 120(B)/201/204/409/34 of the IPC read with Section 66(B) of the IT Act and Section 25(1-B) of the Arms Act and Section 7(a)(b)(c)/8/12/13(1)

(a)/13(2) of Prevention of Corruption Act.

Mr. Ali, learned counsel for the petitioner has submitted that it is a charge- sheeted case and the accused was shown as absconder. The accused-petitioner had surrendered before the learned court below and since then he has been in custody for 133 days.

Mr. Ali, learned counsel for the petitioner has submitted, referring to judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr., reported in (2021) 10 SCC 773 that in view of the guidelines laid in the said case, the petitioner is entitled to the benefit of bail. However, one of the requisite conditions for application of such guidelines is co- operation by the accused throughout the investigation including appearance before the Investigating Officer whenever called. However, the accused-petitioner was shown absconder in the charge-sheet clearly meaning thereby that he did not co-operate with the investigation of the case.

That being so, this guideline does not appear to be applicable with the accused- petitioner in the facts of the given case.

Considering such position, the prayer for bail of the petitioner stands rejected, at this stage.

The petition stands disposed of accordingly.

JUDGE

Comparing Assistant