Abdul Hasen v. The State of Assam

ORDER

26.11.2024 Heard learned counsel, Ms T Rajkhowa, for the petitioner, Abdul Hasen, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail as he is behind bars since 24.10.2024, in connection with Dalgaon PS Case No. 210/2024, Page No.# 2/3 corresponding to GR Case No. 928/2024, under Sections 109(1)/118(1)/3(5) of the BNS, 2023.

¶2Heard Mr R R Kaushik, learned Additional Public Prosecutor for the State respondent.

¶3I have considered the submissions at the Bar with circumspection.

¶4I have also scrutinized the Case Diary.

¶5Indeed, there are incriminating materials in the Case Diary against the petitioner.

¶6The allegation against the petitioner is that he has thrusted a dagger into his brother's abdomen, with an attempt to eliminate him, but on the intervention of the villagers and as he tried to ward off the attack, the injured person somehow managed to save himself from any fatal injuries.

¶7A scrutiny of the Case Diary reveals that investigation has progressed substantially.

¶8I have considered the submission that further custodial detention may not be required for the progress of investigation.

¶9I have also considered the submission that the petitioner is willing to abide by any conditions, if imposed upon him. The petitioner is a local resident and he is not a flight risk.

¶10Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with a suitable surety of the like amount to the satisfaction of the learned Page No.# 3/3 CJM, Mangaldoi, under the conditions that-

i) the petitioner shall refrain from such activities with which he is alleged,

ii) the petitioner shall appear before the investigating agency on every fortnight, till completion of investigation, and

iv) the petitioner shall not leave the jurisdiction of the Court, without prior permission.

¶11On breach of any of the bail conditions, the jurisdictional Court is at liberty to immediately cancel the bail granted to the petitioner.

¶12Bail Application stands disposed of.

¶13Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010237682024 2024:GAU-AS:11686 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3471/2024 ABDUL HASEN S/O ABUL KASEM VILL- NO. 3 KACHARIVETITOP P.S. DALGAON, DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : TUN RAJKHOWA, Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND