ORDER

Date : 08-10-2021 Heard Mr. J.C. Gaur, learned counsel for the accused-petitioner and Ms. B. Bhuyan, learned Additional Public Prosecutor for the respondent State of Assam.

2. By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Sri Danesh Ali has prayed for his release on bail, in connection with Mukalmua Police Station Case no. 287/2021, registered under Sections 395/457/307/ 323/326/354/427/34, Indian Penal Code (IPC) approaching this Court for the second occasion after rejection of his earlier bail application, Bail Appln./1995/2021 by order dated

10.09.2021.

3. The Learned Public Prosecutor has produced the concerned case diary.

4. In the First Information Report (FIR) lodged on 15.06.2021, the informant has, inter- alia, alleged that at about 1-00 a.m. on 15.06.2021, a gang of 14/15 dacoits barged into the informant’s house by breaking the door and inflicted serious injuries to her 2 (two) sons, her daughter and one nephew with iron rods and sharp weapons. After causing such serious injuries, the gang of dacoits decamped from the house after looting gold jewellery, a cash amount of Rs. 1,50,000/- and two mobile handsets. The gang of dacoits had also taken the informant family’s 4-wheeler vehicle with them.

5. During the course of investigation, a number of persons including the accused- petitioner, were arrested. Some of the arrested co-accused persons in connection with Mukalmua Police Station Case no. 287/2021 are Rafiqul Islam, Jiaur Rahman, Jakir Hussain, Raihm Ali @ Rahim Ali, Abdul Malek @ Abdul Maleque and Jahedur Rahman.

6. It is submitted by Mr. Gaur that the prayer for bail in respect of the petitioner was rejected on 10.09.2021. The bail applications in respect of the afore-mentioned co-accused persons came up for consideration on 15.09.2021 and those accused persons were granted bail on 15.09.2021 upon consideration of the length of detention of the arrested co-accused persons in custody and the substantial progress made in the course of investigation. He has submitted that considering the length of detention of the accused-petitioner and on the ground of parity, the prayer for bail in respect of the accused-petitioner may be considered.

7. Ms. Bhuyan, learned Additional Public Prosecutor has submitted, on the basis of the materials available in the case diary, that there are sufficient incriminating materials against the accused-petitioner and some of his accomplices are yet to be arrested.

8. I have considered of the submissions of the learned counsel for the parties and also perused the materials available in the case diary. The accused-petitioner is in custody for 86 days since he was remanded to custody on 14.07.2021. The co-accused person viz. Rafiqul Islam has been allowed to go on bail by an order dated 15.09.2021 passed in bail application, Bail Appln./1951/2021. Another 2 (two) co-accused persons viz. Jiaur Rahman and Jakir Hussain have also been allowed to go on bail on 15.09.2021 by orders passed in bail applications, Bail Appln./1904/2021 and Bail Appln./1941/2021 respectively. Similarly, 3 (three) other co-accused persons viz. Raihm Ali @ Rahim Ali, Abdul Malek @ Abdul Maleque and Jahedur Rahman have been allowed to go on bail also on 15.09.2021 by order passed in Bail Appln./1990/2021. The said co-accused persons were allowed to go on bail by the Court after perusal of the materials available in the case diary and considering their length of detention and the progress made in the investigation of the case which is stated to be substantive.

9. Upon consideration of the length of detention of the accused-petitioner which is 86 days since 14.07.2021; the progress made in the investigation of the case so far; and on the ground of parity in view of the fact that similarly situated co-accused persons, mentioned above, have already been allowed to go on bail, this Court is of the considered view that further custodial detention of the accused-petitio