In this bail application under Section 439 Cr.P.C., the Gauhati High Court rejected the plea of Bilat Hussain. The court held that since the investigation was ongoing and the applicant had involvement in an incident causing the victim's death, the case was not fit for bail at that stage.
Bail application stands rejected.
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GAHC010104272020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1520/2020
1:BILAT HUSSAIN @ BILAT ALI S/O. LT. ALI HUSSAIN, VILL. KHOPONIKUCHI, P.S. HAJO, DIST. KAMRUP, ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. N UDDIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 28-08-2020
Heard Mr. N. Uddin, learned counsel for the applicant. Also heard Mr. H. Sarma, learned
Addl. P.P. Assam appearing for the State.
By filing this application under Section 439 Cr.P.C., the applicant is seeking his release on
bail. The applicant was arrested on 21-07-2020 in connection with Hajo P.S. Case No. 705/2020 registered under Section 143/ 365/ 302 IPC.
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Perused the case diary.
It appears from the FIR that the applicant is a named accused. It further appears from the case diary that the applicant had some involvement in the incident which had lead to death of the victim. The investigation is still in progress.
Under the circumstances, I am of the opinion that present in not a fit case for granting bail to the applicant at this stage.
Accordingly, this bail application stands rejected.
JUDGE GS
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the applicant, a named accused in a murder case under Section 302 IPC, at the current stage of investigation.
Whether the present case is a fit case for granting bail given the involvement in an incident leading to the death of the victim.
2 provisions across 2 enactments
Bilat Hussain @ Bilat Ali
The State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
