Ekbal Ahmed @ Ikbal Ahmed and Anr v. The State of Assam

ORDER Date : 06.12.2024

Heard Mr.P.P. Baruah, learned counsel appearing for the petitioners. Also heard Page No.# 2/2 Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the state of Assam and Mr. H. Mazumder, learned counsel appearing for the informant.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioners, Ekbal Ahmed @ Ikbal Ahmed and 2. Irsad Ahmed in respect of Jorhat P.S. Case No. 445/2024.

¶3The husband of the informant purchased a pair of shoes from Jorhat. Subsequently he went to Jorhat to exchange the shoes. On that issue, there was a quarrel between the husband and the informant.

¶4It is alleged that the present petitioners, being the shopkeeper, assaulted the husband of the informant and caused grievous injuries to him.

¶5Today, the state has produced the medical report, which shows that the husband of the informant sustained clinical simple injuries.

¶6I have considered the submissions made by the learned counsels of both sides.

¶7This Court is of the opinion that for the aforesaid incident as alleged in the FIR, the petitioners do not deserve to be detained in custody.

¶8Therefore, the present arrest bail application of the petitioners is allowed.

¶9It is hereby directed that in the event of arrest in connection with Jorhat P.S. Case No. 445/2024, the petitioners, Ekbal Ahmed @ Ikbal Ahmed and 2. Irsad Ahmed shall be released on bail of Rs. 20,000/- each with sureties of like amount to the satisfaction of the arresting authority.

¶10Both the petitioners are directed to appear before the Investigating Officer as and when called for.

¶11With the aforesaid direction, the bail application stands disposed of. The CD shall be returned.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010225652024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2862/2024 EKBAL AHMED @ IKBAL AHMED AND ANR S/O LATE NURUL HASAN, R/O KABARSTHAN ROAD, JORHAT EAST, P.S.- JORHAT, DIST-JORHAT, ASSAM, PIN-785001 2: IRSAD AHMED S/O LATE NURUL HASAN R/O KABARSTHAN ROAD JORHAT EAST P.S.-JORHAT DIST-JORHAT ASSAM PIN-78500 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D BARUAH, MR. P P BARUAH,MR. D GOSWAMI,MR. P K BORDOLOI Advocate for the Respondent : PP, ASSAM, MR H MAZUMDER (INFORMANT) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA