Monowar Hussain Alias Janu v. The State of Assam

PageoNo.#o1/3 GAHC010257352024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3170/2024o MONOWARoHUSSAINoALIASoJANUo S/O-oABDULoWAHAB,o R/O-oBORPAHAR,o P.SoANDoDIST-GOALPARA,oASSAM 2:oROZUBoALI oS/O-oASHANoALIo o R/O-oBORPAHAR o P.SoANDoDIST-GOALPARA oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPPoASSAM AdvocateoforotheoPetitionerooooo:oMRoSoHOQUE,oMRoHoRoAoCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

19.12.2024

Heard the learned counsel Mr. S. Hoque appearing for the petitioner. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Goalpara P.S. Case No.152/2024, registered under Sections 126(2)/118(2)/109/3(5) of BNS, 2023.

¶3On 10.11.2024, a motorcycle hit the informant and on that issue, there were quarrels between the parties. Many people also took part in the said quarrel. It is alleged that brother of the informant sustained serious injuries. As a result of which, he had to be taken to the Hospital where he has to take medical treatment.

¶4The case diary reveals that all the injured persons sustained simple injuries only.

¶5I have considered the submissions made by the learned counsel of both sides.

¶6Since the injured persons sustained simple injuries only, the petitioners do not deserve to be detained in custody. Accordingly, the pre-arrest bail application of the petitioners is allowed.

¶7It is hereby directed that in the event of arrest in connection with Goalpara P.S. Case No.152/2024, registered under Sections 126(2)/118(2)/109/3(5) of BNS, 2023, the petitioners, namely- (1) Monowar Hussain @ Janu, and (2) Rozub Ali, they shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of Page No.# 3/3 arresting authority. With the above direction, the application for bail is disposed of.

JUDGE Comparing Assistant