ALI HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application made under Sec. 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Ali Hussain, in connection with Hatigaon P.S. Case No.943/2021, registered under Ss. 370(A) (2) of the Indian Penal Code, read with Sec. 3/4/5 of I.T.(P) Act. Heard Mr. A. Rahman, learned counsel for the petitioner. Also heard Mr. Bidyut Sarma, learned Additional Public Prosecutor, Assam for the Respondent State.

(2.) Mr. Rahman, learned counsel for the petitioner has referred to two orders dtd. 23/12/2021 passed in B.A. No.3171/2021 and B.A. No.3497/2021, granting bail to different co-accused in the instant case on their completion of 50 days in custody.

(3.) The present petitioner was arrested on 3/11/2021 and, as such, he has been in custody, as on date, for 67 days. Therefore, taking into account the order aforesaid passed in respect of the co-accused as well as the length of detention for 67 days in custody, the prayr for bail of the petitioner is granted.