Sajidul Hoque Laskar v. The State of Assam

ORDER

16.09.2024s Heard Mr H R Choudhury, learned counsel for the petitioner, Sajidul Hoque Laskar, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail as he is behind bars since 25.07.2024, in connection with Nilambazar PS Case No. 161/2024, under Sections 281/125/105/106(2)324(4)(5) of BNS, 2023, read with Page No.# 2/3 Sections 181/183/184 of the MV Act, 1988.

¶2Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam

¶3The allegation against the petitioner is that the petitioner without a driving licence drove a vehicle and in his attempt to overtake another vehicle, hit the auto rickshaw, which was carrying passengers and 4 passengers in the auto rickshaw died as a result of the accident.

¶7The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶8I have scrutinized the Case Diary.

¶9Indeed there are incriminating materials in the Case Diary against the petitioner.

¶10However, investigation has progressed to a considerable extent.

¶11The petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent conditions, if imposed upon him.

¶8Considering all aspects, petition is allowed. Petitioner is enlarged on bail of Rs. 30,000/-(Rupees Thirty Thousand Only) with a suitable surety of the like amount to the satisfaction of learned CJM, Karimganj, under the conditions that-

i) the petitioner shall refrain from such activities with which he is alleged, and Page No.# 3/3

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

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

¶9Bail Application stands disposed of.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010181212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2647/2024 SAJIDUL HOQUE LASKAR S/O LATE KHOIR UDDIN VILL- DAKHIN (SOUTH) KEUTI P.S. PATHARKANDI DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND