Intajul Hoque v. The State of Assam

ORDER Date : 28-11-2024

Heard Mr. B. Choudhury, learned Counsel for the petitioner and also Mr. B. Sharma, learned Additional Public Prosecutor appearing for the State respondents. On the last date of listing, this Court on being apprised that the Charge-Sheet has been filed in connection with Bhagnamari P.S. Case No. 06/2024 on 09.10.2024, this Court had requisitioned a scanned copy of the Charge-sheet, however, the same has not been received till date which is evident from the Office Note dated 27.11.2024. In view of the above position, Mr. B. Choudhury, learned counsel for the petitioner submits that the co-accused in the present case, namely, one Sahjahan Ali was granted bail by this Court, accordingly, he submits that the petitioner herein, being similarly placed like that of Sahjahan Ali, he is also entitled to the benefit of regular bail. The said prayer is objected to by Mr. B. Sharma, learned Addl. Public Prosecutor, who submits that the petitioner, in view of filing of the Charge-sheet, herein, would be required to approach the learned Trial Court for a regular bail. In view of the above submissions so made by Mr. B. Sharma, learned Addl. P.P., Mr. B. Choudhury, learned counsel for the petitioner submits that Page No.# 3/3 the petitioner be permitted to approach the learned Trial Court, praying for regular bail in the matter. The prayer made by Mr. B. Choudhury, learned counsel for the petitioner is accepted and the petitioner is required to approach the learned Trial Court for regular bail. In the event of filing of such application before the learned Trial Court by the petitioner, the learned Trial Court shall examine the same in the light of the Charge-sheet so filed and also the orders passed by this Court in respect of similarly situated persons and thereafter, arrive at a conclusion as to whether the petitioner, herein, is required to be enlarged of bail or not. With the above observations, the present bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010240622024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3501/2024o INTAJULoHOQUEo S/OoANSERoALIo R/OoVILL-oBHANGNAMAIRo P.S.oBHANGNAMARIo DIST.oNALBARI,oASSAM VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oBoCHOWDHURY,o AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR