Sona Uddin Sk v. The State of Assam

ORDER

10.12.2024

¶1Heard Ms S Phukan, learned counsel for the petitioner, Sona Uddin Sk, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Gossaigaon Police Station Case No. 84/2024, corresponding to GR Case No. 96/2024, under Sections 302/24 of the Page No.# 2/2 Indian Penal Code, 1860

¶2Heard Mr K K Das, learned Additional Public Prosecutor for the State of Assam.

¶3The allegation against the petitioner is that he and another accused named in the FIR, have killed the deceased, Nur Hussain.

¶4I have considered the submissions at the Bar with circumspection.

¶5Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner and the argument of the learned counsel for the petitioner that the petitioner is 78 years old, holds no water. .

¶6I have scrutinized the Case Diary.

¶7Indeed, there are incriminating materials in the Case Diary, against the petitioner.

¶8There appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner.

¶9At this juncture, petition with prayer for bail stands rejected.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010235482024 2024:GAU-AS:12556 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2974/2024 SONA UDDIN SK S/O LATE MANACHA R/O NO. 2 KADAMGURI P.S. GOSSAIGAON DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, MS L MISHRA,MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND