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Samir Uddin Ahmed @ Samiruddin Ahmed v. the State of Assam

Gauhati HC2 May 2023Bail Appln./846/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to Samir Uddin Ahmed in a case involving murder and robbery with possession of firearms. The petitioner had been in custody for 87 days. The Court noted that while incriminating material existed, loot was recovered from another person, and deemed continued detention unjustified.

What did the court decide?

Bail granted to accused petitioner on Rs. 40,000 with two sureties of like amount subject to standard conditions of cooperation and non-interference.

Samir Uddin Ahmed @ Samiruddin Ahmed Vs the State of Assam — Money Laundering | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010078662023

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

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Bail Appln./846/2023

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SAMIR UDDIN AHMED @ SAMIRUDDIN AHMED S/O SADULLAH ALI R/O VILL- NO. 1 KAPLABARI

P.S. MUKALMUA

DIST. NALBARI ASSAM

VERSUS

THE STATE OF ASSAM REP. BY THE PP ASSAM

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-----------Advocate for : MR. A SAIKIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 02.05.2023

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Heard Mr. A Saikia, learned Counsel for the accused petitioner as well as Mr. MP Goswami, learned Addl. P.P., Assam for the State respondent.

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Page No.# 2/3

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Samir Uddin Ahmed @ Samiruddin Ahmed has prayed for grant of bail in connection with Mukalmua P.S. Case No.42/2023 under Section 395/307/325/365 of the IPC r/w Section 25 (1-A) of the Arms Act.

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The allegation in the FIR is that the informant’s elder brother was suddenly attacked by 6/7 persons who were inside a vehicle and out of which two persons attired in police dress and 4/5 persons in civil dress dragged him and looted Rs. 11, 65, 000/- and thereafter from the vehicle, one Magazine of pistol along with 3 rounds of live ammunitions, one hamper 2 nos. of army colour cape, one green cape etc. was recovered and seized.

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It is noticed that the accused petitioner is in judicial custody for 87 days since 04.02.2023.

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On perusal of the case diary, it is seen that the looted money was recovered from one Joydev Mahanta and nothing was recovered from the accused petitioner. There is sufficient incriminating materials against the accused petitioner However, considering the length of detention of the accused petitioner in judicial custody, this Court is of the considered opinion that further continuation of detention of the accused petitioner in the interest of investigation is not warranted.

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Accordingly, it is provided that the accused petitioner, named above shall be released on bail of Rs. 40,000/- ( Forty Thousand ) with 2(two) sureties of like amount to the satisfaction of the learned CJM, Nalbari subject to the following conditions- :

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

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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 offence in future, of which he is accused of commission.

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This disposes of the bail application.

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Page No.# 3/3

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Return the case diary.

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JUDGE

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Comparing Assistant

Samir Uddin Ahmed @ Samiruddin Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Samir Uddin Ahmed @ Samiruddin Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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