Akramul Hussain @ Akramul Hoque v. The State of Assam

ORDER

21.10.2024

¶1Heard Mr. S. Ahmed, learned counsel for the petitioner Akramul Hussain @ Akramul Hoque. Page No.# 2/3

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

02.09.2024 in connection with Manikpur P.S. Case No. 121/2024 registered under Sections 304 with added Sections of 61(2)/112(2)/125(2) of the BNS.

¶3Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that he is involved in snatching of mobile phone from the informant while she was on the National Highway travelling from Bongaigaon to Bijni. It is submitted on behalf of the petitioner that the petitioner is not involved in this case. He has been forwarded merely on suspicion.

¶5I have considered the submissions at the Bar that the petitioner has been behind bars since 02.09.2024.

¶6It appears that further custodial detention may not be required for further progress of investigation. Investigation may have presumably progressed to a considerable extent by now. The petitioner is a local resident and he is not a flight risk. The petitioner has pledged to co-operate with the remaining part of investigation.

¶7Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Bonghaigaon, under the conditions that:

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

(ii) The petitioner shall appear before the Page No.# 3/3 Investigating Officer on every fortnight till completion of investigation, and

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

¶8On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶9In terms of the above observation, bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010217532024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3193/2024 AKRAMUL HUSSAIN @ AKRAMUL HOQUE S/O ANOWAR HUSSAIN VILL- BILASHPUR, P.O. BILASHPUR, P.S. KAJALGAON, DIST. CHIRANG, ASSAM PIN-783385 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S AHMED, MS N AKTAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND