The Gauhati High Court granted bail to the petitioner in a case involving attempted murder and grievous hurt arising from an incident where an employee of Bandhan Bank was shot at. The court noted that no assailant had been identified from the case diary materials.
Release on bail with a bond of Rs.20,000/- and one surety of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010007322020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 132/2020
1:MD. JAKIR HUSSAIN
S/O MD. MATAB UDDIN, R/O CHENGAJAN, P.O.-BAJBATAMARI, P.S.KAMPUR, DIST-NAGAON, ASSAM, PIN-782425
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. P J SAIKIA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
14-02-2020.
By filing this petition under Section 439 of the CrPC, petitioner Jakir Hussain who is in custody since 24.12.2019 has prayed for releasing him on bail in connection with Kampur P.S. Case No.287/2019 (corresponding to G.R. No.7515/2019), under Sections 341/326/34 of the IPC, read with Section 27 of the Arms Act.
Heard Mr. P.J. Saikia, learned counsel for the petitioner as well as Mr. N.J. Dutta, learned Addl. P.P., Assam and perused the record and the case diary.
As per the allegation in the FIR, one Bapan Debnath, who was the employee of Bandhan Bank was
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restrained by miscreants on the road and shoot at him from backside resulting bullet injury on his back and also sustained some other injuries on his body. The injured was given treatment and the injuries are stated to be grievous.
But from the entire materials in the case diary, it is found that nobody could identify the assailants but they have only narrated the incident. The petitioner was arrested on 24.12.2019, on mere suspicion and since then he is in custody.
Considering all entirety of the matter, the accused person named above is allowed to release on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of learned Chief Judicial Magistrate, Nagaon, in connection with the Kampur P.S. Case No.287/2019.
The bail petition stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant bail to the petitioner accused in connection with Sections 341/326/34 IPC and Section 27 Arms Act.
Whether the petitioner's arrest on mere suspicion warrants continued custody without proof of identification.
3 provisions across 3 enactments
MD. JAKIR HUSSAIN
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
