Allowed

Jamal Uddin v. the State of Assam

Gauhati HC14 Feb 2022Bail Appln./116/2022

Case brief

AI extract

What is this about?

In a video-conference hearing, the Gauhati High Court disposed of a bail application filed by Jamal Uddin. The Court granted bail considering the length of detention and held that custodial trial was not essential, directing release with conditions.

What did the court decide?

The petitioner shall be released on bail on furnishing a bond of Rs.15,000 with one suitable surety of the like amount.

Jamal Uddin Vs the State of Assam — Environment and Pollution | Gauhati HC (2022)

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GAHC010007732022

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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./116/2022

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JAMAL UDDIN S/O SAMSUL HOQUE VILL- KHANDAKARPARA P.S. HOWLY DIST. BARPETA, ASSAM

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VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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14-02-2022

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The Court proceedings have been conducted through VideoConference due to Covid-19 pandemic.

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This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Jamal Uddin , in connection with Sessions Case No.206/2021, arising out of O.R No.BR/TP/Offence/12 of 2021 , registered under Sections

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9/39/44/49(B)/51 WL(P) Act, 1972, pending in the Court of learned Additional Sessions Judge, Barpeta.

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Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Assam for the Respondent State.

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Perused the petition and the annexures furnished therewith. Also perused the scanned copy of the case record produced.

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The case has been, inter alia, registered under Section 51 of the Wildlife (Protection) Act, 1972, for the reasons that one Gecko lizard was recovered from the possession of five(5) persons arrested in connection with this case. The accused petitioner is in custody for 126 days as on date, excluding the date of remand.

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Considering the materials available as well as considering the length of detention of the petitioner, further custodial detention does not appears to be necessary. This Court is also of the view that custodial trial of the petitioner is not essential in the instant case. That being so, the petitioner is granted bail.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.15,000/- with one suitable surety of the like amount, to the satisfaction of learned jurisdictional Special Judge/Chief Judicial Magistrate, Barpeta, wherever the case is pending.

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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 jurisdictional Special Judge/Chief Judicial Magistrate, Barpeta, wherever the

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case is pending, without prior written permission from him;

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(b) shall not hamper with the investigation, or 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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In terms of the above, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

Jamal Uddin v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jamal Uddin v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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