Single judge bail application rejected for two accused possessing a pistol and live ammunition under Section 25(1-A) of the Arms Act due to sufficient incriminating materials found.
Bail application of the accused-petitioners rejected at this stage.
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GAHC010000602022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./22/2022
IKRAMUL HUSSAIN AND ANR SON OF LATE SHER ALI R/O VILL- GOROIMARI PAM P.S. JURIA, DIST. NAGAON, ASSAM
2: MINHAZ UDDIN AHMED SON OF MD. MAINUL ISLAM R/O IVLL- GOROIMARI PAM P.S. JURIA, DIST. NAGAON, ASSAM MOBILE NO. 943506476
VERSUS
THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR DEBA KUMAR DAS Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
04-02-2022
The Court proceedings have been conducted through Video-Conference due to Covid-19 pandemic.
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioners, namely, 1. Ikramul Hussain and 2. Minhaz Uddin Ahmed , in connection with Nagaon Police Station Case No. 3266 of 2021 , registered under
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Section 25(1-A) of the Arms Act, 1959.
Heard Mr. Deba Kumar Das, learned counsel representing the petitioners and Mr. B.B. Gogoi, learned Additional Public Prosecutor, representing the State. Perused the case diary produced.
It appears from perusal of the case diary that there are sufficient incriminating materials against the petitioners. One .22 factory made pistol with three round live ammunitions were found in the possession of the petitioners while both of them were carrying the same in a motorbike after collection of the same from unknown source. Considering the nature of materials and requirement of thorough investigation, the prayer for bail of the accused-petitioners is rejected at this stage.
The bail application stands disposed of accordingly. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused are entitled to bail in a case involving possession of a pistol and live ammunition under Section 25(1-A) of the Arms Act, 1959?
2 provisions across 2 enactments
IKRAMUL HUSSAIN AND ANR
THE STATE OF ASSAM
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
