Allowed

Faizul Islam v. the State of Assam

Gauhati HC18 Jul 2022Bail Appln./1331/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to Faizul Islam, an accused in a robbery case involving armed possession and injury to an informant. Despite evidence including weapon seizure, the court held continued detention was not warranted for the ongoing investigation.

What did the court decide?

Accused petitioner released on bail of Rs. 40,000 with one surety of like amount subject to cooperation with IO and no inducement conditions.

Faizul Islam Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010112142022

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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./1331/2022

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FAIZUL ISLAM S/O LT. SIRAJUL ISLAM R/O MURI PUTIKHAITI P.O. KAWAIMARI P.S. RUPOHIHAT DIST. NAGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR T H HAZARIKA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 18.07.2022

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Heard Mr. M. Chetia, learned counsel appearing for the accused petitioner as well as Mr. B. B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Faizul Islam, has prayed for grant of bail in connection with Rupohihat P.S. Case No. 174/2022 under Section 394 of the IPC r/w Section 25(1-A)/27 of the Arms Act.

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The case diary, as called for, is placed before the Court.

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The accused petitioner has been in judicial custody since 21.05.2022, i.e. for 58 days.

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The FIR reveals the allegation that while the informant was carrying Rs. 3,19,900/- with him from Kaliabor State Bank and was proceeding towards his house along with his friend by motorcycle, two unknown miscreants wrongfully restrained them at No. 1 Bhatiakhali and tried to snatch away the bag containing the cash. As the informant refused to hand over the bag, the miscreants fired bullets and also injured him on his head with gun and, thereafter, fled away from the scene.

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Mr. M. Chetia, learned counsel appearing for the accused petitioner, submits that the accused is in judicial custody for 48 days. According to Mr. Chetia, the accused has been made a victim of false allegations and a larger conspiracy and further, no incriminating material was recovered from his possession.

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Mr. B. B. Gogoi, learned Addl. Public Prosecutor, submits that in course of investigation, one Khukri was seized from the accused. The firm arm one .32 pistol and ammunitions were seized from an arrested co-accused. Mr. Gogoi further submits that no money could be robed from the informant although a scuffle took place between him and the accused persons.

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A perusal of the case diary reveals that there is prima facie incriminating evidence against the petitioner. The investigation in respect of the involvement of the present accused in the alleged crime has substantially progressed. Therefore, in the overall consideration of the evidence so far collected by the Investigating Officer, this Court is of the opinion that further continuation of detention of the accused in the interest of ongoing investigation is not warranted.

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Accordingly, it is provided that the accused petitioner, named above, shall be

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released on bail of Rs. 40,000/- with one surety of like amount to the satisfaction of the learned SDJM, Kaliabor, Nagaon subject to the following conditions-

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i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and

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ii) That the accused petitioner 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 Police Officer or the Court; and

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iii) That the accused petitioner shall refrain from committing any similar offences in future, of which he is suspected of commission.

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Return the case diary.

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This disposes of the bail application.

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JUDGE

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Comparing Assistant

Faizul Islam v. the State of Assam

Case brief

What is this about?

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Faizul Islam v. the State of Assam

Case brief

What is this about?

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