Sahidul Islam @ Bulbul v. The State of Assam

ORDER

05.09.2024 Heard Mr S H Sikdar, learned counsel for the petitioner, Sahidul Islam @ Bulbul, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail as he is behind bars for 186 days, since 04.03.2024, in connection with PRC Case No. 1341/2024, arising out of Hatigaon PS Case No. 249/2023, under Sections 302/34 of the Indian Penal Code, 1860. Page No.# 2/3

¶2Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶3The allegation against the petitioner is that the petitioner, as led by the son of the deceased, committed murder of the deceased.

¶4Charge sheet has been laid against the petitioner.

¶5It is submitted on behalf of the petitioner that the co-accused has already been enlarged on bail by the learned trial Court as well as by the learned Chief Judicial Magistrate.

¶6I have considered the submissions at the Bar with circumspection.

¶7Investigation is complete.

¶8Charge sheet has already been laid.

¶9The petitioner is willing to cooperate with the trial.

¶10I have also considered the ground of parity.

¶11I have also considered the length of detention.

¶12It appears that bail may be granted to the petitioner.

¶13Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs 50,000/- (Rupees Fifty Thousand Only), with a suitable surety of the like amount to the satisfaction of the learned trial Court, under the conditions that:

(i) the petitioner shall cooperate with the trial, Page No.# 3/3

ii) the petitioner shall not leave the jurisdiction of the Court, without prior permission, till completion of trial, and

iii) the petitioner shall not exercise threats to the witnesses or try to influence the witnesses.

13.1. On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶14Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010118002024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1720/2024 SAHIDUL ISLAM @ BULBUL S/O- LATE RAHAM ALI VILL- MOHRIPAMP P.O. MANDIA, P.S. BAGHBAR DIST-BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S H SIKDAR, MR. S HAQUE,MS S ABDULLAH,MD IMRAN Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND