Allowed

Md. Dilbar Hussain @ Abu and Anr. v. the State of Assam

Gauhati HC3 Mar 2021Bail Appln./285/2021

Case brief

AI extract

What is this about?

Bail application filed under Section 439 CrPC by two accused in an Arms Act case. They had been absconders and arrested on warrant after a charge-sheet was filed. The court granted bail as continued detention was deemed unnecessary for trial.

What did the court decide?

Accused-petitioners released on bail on Rs.25,000 each with a suitable surety to the satisfaction of the Sub-Divisional Judicial Magistrate.

Md. Dilbar Hussain @ Abu and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010017162021

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./285/2021

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MD. DILBAR HUSSAIN @ ABU AND ANR S/O MD. ABDUL SAMAD, R/O VILL-BAGARIAATI, P.S.-SOOTEA, DISTSONITPUR, ASSAM, PIN-784175

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2: MD. IMRAN HUSSAIN @ SOKKA S/O SONA ALI R/O VILL-BHOJAMARI P.S.-SOOTEA DIST-SONITPUR ASSAM, PIN-78417

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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03-03-2021

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioners, namely, 1. Md. Dilbar Hussain @ Abu and 2. Md. Imran Hussain @ Sokka, in connection with PRC Case No. 140/2019, arising out of Baihata Ghat River Police Station Case No.2/2014, registered under Sections 25(1)(a)/27(2) of the Arms Act .

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The case diary produced, has been perused.

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Heard Ms. T. Som, learned counsel appearing for the accused-petitioners and Mr. N.K. Kalita, learned Additional Public Prosecutor, appearing for the State.

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Page No.# 2/2

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The petitioners along with some other co-accused have been charge-sheeted in connection with PRC Case No. 140/2019, arising out of Baihata Ghat River Police Station Case No.2/2014, under Sections 25(1)(a)/27(2) of the Arms Act.

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In the instant case, the present petitioners have been shown as absconderS in the chargesheet. Thereafter, on the basis of the warrant of arrest issued by the learned Court below, they were arrested on 21-01-2021 and as such they are in custody for 42 days as on date. Considering the fact that the charge-sheet has already been laid in the case and they are in custody for 42 days as on date, this Court is of the view that for the purpose of trial, their further custodial detention is not necessary. That being so, the accused-petitioners are granted bail.

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Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the case, aforementioned, on furnishing bail bond of Rs.25,000/- each with a suitable surety each of the like amount, to the satisfaction of learned Sub-Divisional Judicial Magistrate (M), Biswanath Chariali.

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The direction for bail is further subject to the conditions that the accused-petitioner:

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(a) shall not leave the territorial jurisdiction of learned Sub-Divisional Judicial Magistrate (M), Biswanath Chariali, without prior written permission from him;

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(b) shall not tamper with the evidence of the case;

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(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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(d) they shall appear in the Court regularly and in the event of default in appearance even for a single day without just and reasonable cause to the satisfaction of the learned Court below, the learned Court below shall be at liberty to put the petitioner behind the bar and proceed with the trial.

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In terms of the above, this bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Md. Dilbar Hussain @ Abu and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Dilbar Hussain @ Abu and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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