Allowed

Nurul Islam v. the State of Assam

Gauhati HC1 Nov 2019Bail Appln./3379/2019

Case brief

AI extract

What is this about?

Single judge granted bail to petitioner Nurul Islam in an aggravated theft case, observing that custodial detention was unnecessary as his statement was recorded and he only attempted to commit the offence.

What did the court decide?

Petitioner released on bail in connection with Abhayapuri P.S. Case No.694/2019 upon furnishing a bail bond of Rs.10,000 with one local surety of the like amount.

Nurul Islam Vs the State of Assam — Bail and Remand | Gauhati HC (2019)

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GAHC010264672019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln. 3379/2019

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1:NURUL ISLAM

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S/O BILLAL HUSSAIN @ BILAYET HUSSAIN, R/O VILL-KOKILA PART-I, P.O.-KOKILA, P.S.-ABHAYAPURI, DIST-BONGAIGAON, ASSAM, PIN-783392

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VERSUS

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1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. R ISLAM

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 01-11-2019

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Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam.

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This is an application filed under Section 439 Cr.P.C. praying for bail for the accused petitioner namely, Nurul Islam in connection with Abhayapuri P.S. Case No.694/2019 under Sections 143/448/366(A)/511 IPC.

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An ejahar was lodged by Saiful Islam before the Officer-in-Charge of Kokila Police Watch Post on 11.10.2019 that on the same date at 12.30 a.m., the accused persons named therein which also

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included the present petitioner entered his house without permission and tried to take away his 14 year nephew Najma Khatun. While doing so, the petitioner was caught and was handed over to the police while the rest of the accused person fled away.

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Considering the nature of the allegation that the petitioner had not committed the offence but only to try to commit the offence and also considering the aspect that he is in custody since 11.10.2019, where his statement had already been recorded, we are of the view that no further custodial detention of the petitioner would be required by the investigating authority.

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Accordingly, the petitioner named above be released on bail in connection with Abhayapuri P.S. Case No.694/2019 on furnishing a bail bond of Rs.10,000/- with one local surety of the like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate, (M), North Salmara, Abhayapuri.

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The petition stands disposed of.

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JUDGE

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Comparing Assistant

Nurul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

Nurul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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