The Gauhati High Court granted regular bail to the petitioners in a murder and conspiracy case, finding no evidence linking them to the offence and deeming continued detention unwarranted.
Petitioners allowed regular bail of Rs.20,000/- each with one surety each of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010063152022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./728/2022
MD. MARAJ HUSSAIN AND ANR S/O LT. MIAD ALI, R/O- TELAHI NAGAMARI, WARD NO. 5, P.S. DHARAMTUL, DIST.- MORIGAON, ASSAM, PIN- 782105.
2: MD. JAKIR HUSSAIN S/O- ADAM ALI VILL. BHALUK JARANI P.S. TEZPUR DIST.- SONITPUR ASSAM PIN- 784026
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S N TAMULI
Advocate for the Respondent : PP, ASSAM
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:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
10.05.2022
By filing this petition under Section 439 of the CrPC, the petitioners, namely- (1) Md. Maraj Hussain and (2) Md. Jakir Hussain have sought for regular bail, as they are languishing in jail, in connection with Lahorighat P.S. Case No.132 of 2022, registered under Sections 34, 120(B), 201, 302, 365 of IPC.
Heard the learned counsel for both sides. Also, perused the case diary as well as the documents as annexed.
So far as the allegation is concerned, the son of the informant, namelyFaizur Rahman alleged to have been kidnapped by Rejina Khatun in collusion with Anish Ahmed and Moulla Ahmed (all are named in the FIR). Subsequently, the dead body of his son was recovered in a gunny bag.
The investigation reveals that in fact said deceased son of the informant (Faizur Rahman) had some illicit relation with Rejina Khatun and however said Rejina broke relation and developed love affairs with Anish Ahmed and thereafter she by hatching conspiracy with Anish Ahmed, her father Nijam Uddin and Moulla Ahmed, killed Faizur Rahman and threw his dead body in a gunny bag. Further, the case diary reveals that the present two petitioners were the relative of said Anish and Anis after committing the crime stayed in their houses and kept his vehicle in the house of petitioner no.2, but while staying in their houses, he did not disclose anything about the offence. There is nothing to
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show that the petitioners were part of such conspiracy or involved in the commission of the offence.
The petitioners were arrested only because the accused Anish went to their houses and stayed for one day in each houses. Both the accused petitioners were arrested on 06.03.2022 and in view of such matters on record it appears that their further custodial detention is not warranted.
Considering the length of detention and the nature of offence, the petitioners named above is allowed to go on regular bail of Rs.20,000/- each with one surety each of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Morigaon in connection with the aforesaid case.
The bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioners are entitled to regular bail in a case involving murder and conspiracy given the lack of evidence linking them to the crime.
Whether further custodial detention of the petitioners is warranted considering the nature of the offence and the length of detention.
1 provisions across 1 enactments
MD. MARAJ HUSSAIN AND ANR
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
