IN THE COURT OF ADDL.

SESSIONS JUDGE

AT GOALPARA

Present: Mr. S. Dhar, AJS.

Misc. Criminal Case no. 151/23

(In connection with Goalpara pS Case no. Z79l2O22)
(Corresponding to pRC Case no. 18 tl}023)
281O3t2023

Both sides are represented by Ld. Advocates.

Perused the Bail Application u/s 439 Crpc submitted

on behalf the accused namely-Zinnat Ali who is detained in
judicial custody/jail since Gl IlZ3.

Heard both sides.

As directed, the Ld. CJM, Goalpara has sent the case

record of PRC no, 18tl23& i have perused the same. I find
that Police has submitted part charge-sheet agalnst 2
accused persons namely-Zinnat Ali & Sultan Ali uls 3021
201134 IPC. The prosecution case in brief is that on
l0l11,l22 the victirn-Azad Ali went missing after he went
out of his home in his motorcycle. Later on Lllt2lz2. his
dead body was recovered from a pond near Lathima Beel &
his motorcycle was recovered from another prace in an
abandoned condition. The charge-sheet alreges that it were
the accused persons-Zinnat Ali & sultan Ari who had
committed the murder of Azad Ali in their house by way of
strangulation & they had even tried to destroy evidence. I
also find that Ld. cJM, Goalpara vide order dated L4l3l23
hastakencognizance&alsoallowedthePolicetoconduct
further investigation u/s i73(B)
CrPC'

Ithasbeencontendedonbehalfofthedefensethat
charge-sheethasbeenfilediltegatlybyPoliceasthePost-
MortemReportisyettobecollected.Moreoveritisthe
fundamentalrightoftheaccusedtogetbailunderArticle
2lofConstitutionoflndiaasheislanguishinginjailsince
last2months&itisunlikelythattheCaSewillreadyfor
Sessions very soon'
commitment to the Court of
vide
Considering the fact that Ld' CIM' Goalpara
orderdatedL4l3lT3hastakencognizanceagainstthe
accusedpersonsuls3O2lz0|l34IPC,itcannotbesaidthat
thereisnoprimafaciecaseagainsttheseaccusedpersons.
accused persons have filed
Moreover, none of the 2
order
application challenging that cognizance
appropriate
datedt4l3l23oftheLd,C]M,Goalpara.Therefore,
consideringallaspectsofthematter,Iamnotinclinedto
to the accused at this stage' Accordingly the
grant bail
Zinnat Ali stands
Bail application of accused-
rejected.
with a coPY of thts
Return the Case Record along
This case thus
order to the Ld' Court of IMFC' Goalpara'
stands disPosed of on contest'
a9-