Piar Jahan v. The State of Assam

ORDER

18.12.2024

¶1Heard Mr. M. I. Husaain, learned counsel for the petitioner, Piar Jahan who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 29.11.2024, in Page No.# 2/3 connection with Bongaigaon Police Station Case No. 188/2024 under Sections 380 of the IPC.

¶2Heard learned Additional Public Prosecutor, Mr. B. Sharma, Assam for the respondent State.

¶3Learned Additional Public Prosecutor has raised serous objection stating that the bail petition cannot be considered without perusal of the Case Diary.

¶4Learned counsel for the petitioner on the other hand has submitted that the co-accused have already been enlarged on bail. The petitioner is behind bars for 20 days. He has prayed for bail on the ground of parity and the length of detention.

¶5I have considered the submission at the Bar with circumspection. The petitioner is a local resident and he is not a fight risk. The petitioner is willing to abide by any stringent bail conditions if imposed upon him.

¶6Considering all aspects, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Bongaigaon under the conditions that :

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

(ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and

(iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3

¶7On breach of any of the bail conditions, the learned Elaka Magistrate/Jurisdictional Court is at liberty to immediately cancel the bail granted to the petitioner.

¶8In terms of above observation, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010267192024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3863/2024 PIAR JAHAN S/O ABDUL BASED VILL-KAMALPUR P.S. KAMALPUR DIST. KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND