Dr. Indira Shah, J. (Oral) - This is an application under Section 439 Cr.PC praying for bail of the accused petitioners, namely, 1. Md. Ahmed Ali, 2. Md. Fazar Ali @ Fazal Ali, 3. Shahadur Rahman and 4. Md. Abdul Ali @ Abdul Udut, who have been detained in jail custody in connection with Sessions Case No. 139(DM)/2015 pending in the Court of the learned Sessions Judge, Darrang, Mangaldai corresponding to GR Case No. 803/2015 under Sections 366A/109/120B/371/372/376D/302/201 IPC.

2. Heard Mr. HRA Choudhury, learned Senior counsel assisted by Mr. AT Sarkar, learned counsel for the petitioners. Also heard Mr. K. Munir, learned Additional Public Prosecutor, Assam.

3. MR. HRA Choudhury, learned Senior counsel for the petitioners submits that the petitioners have been charged under Sections 120B/366A/372/511 IPC. A separate charge under Sections 120B/376D/302/201 IPC has also been framed against the accused petitioners. Other co-accused with similar allegations have already been released on bail by this Court vide order dated 16.12.2015 in Bail Appln. 1719/2015. Out of the 43 witnesses listed by the prosecution, only 4 or 5 witnesses have been examined. Relying on the case of Sanghian Pandian Rajkumar v. CBI, reported in 2014 (12) SCC 23 , it is submitted that in this case also there is no chance of completion of trial in the near future. In another case of Sanjay Chandra v. Central Bureau of Investigation, reported in 2012 (1) SCC 40 , it has been held in paragraph 21 as follows:-

"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventive. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."

4. Considering the facts and circumstances of the case, the prayer for bail of the accused petitioners is allowed subject to the condition that they shall appear on each and every date of trial before the learned Trial court. The petitioners, namely, 1. Md. Ahmed Ali, 2. Md. Fazar Ali @ Fazal Ali, 3. Shahadur Rahman and 4. Md. Abdul Ali @ Abdul Udut, are allowed to go on bail on furnishing a bail bond of Rs. 30,000/- each with one local surety each of the like amount to the satisfaction of the learned Trial Court.

5. Send a copy of this order to the learned Trial Court.

6. Accordingly, bail application stands disposed of.