Mujibur Rahman v. The State of Assam

ORDER Date : 18.12.2024

¶1Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public prosecutor for the State of Assam.

¶2This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, whereby the petitioner Mujibur Rahman has prayed for releasing him on bail after he was arrested in connection with Hojai Police Station Page No.# 2/2 Case No.251/2024.

¶3On 21.08.2024, many people assaulted Farid Uddin on an allegation that he was caught red-handed by committing theft in a petrol pump. Subsequently a person called Aftar Hussain took Farid Uddin to the Hospital, where he breathed his last.

¶4His wife has alleged that there were grievous injuries upon the body of her husband. She has named many persons in the FIR as the perpetrator of the said offence, but the name of the present petitioner is not there in the list.

¶5Mr. Nawaz submits that the petitioner is present at the place of occurrence, but he did not take part in the said offence. According to Mr. Nawaz, he was just a witness to the offence.

¶6The learned Additional Public Prosecutor has submitted that the petitioner was present at the place of occurrence and that is the only element against him.

¶7I have considered the submissions made by learned counsel for both the sides.

¶8The petitioner has already spent 64 days in Judicial Custody.

¶9This Court is of the opinion that under the given circumstances the petitioner does not deserve to be detained in custody.

¶10Therefore, the bail application is allowed.

¶11It is hereby directed that in the event of arrest in connection with Hojai Police Station Case No.251/2024 the petitioner Mujibur Rahman shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Hojai, Sankardev Nagar.

¶12Case Diary shall be returned.

¶13The bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010245762024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3547/2024 MUJIBUR RAHMAN S/O- ABDUR SUBHAN, R/O- MUSLIMPATTY CHARIALI, P.S-HOJAI, P.O-HOJAI, DIST- HOJAI, ASSAM. PIN-782435 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : TAWHID ALOM LASKAR, T A LASKAR,SAMIM RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA