Allowed

Nazibul Islam and Anr. v. the State of Assam

Gauhati HC2 Sept 2024AB/1940/2024

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to applicants in a murder case where the FIR contained no specific allegations against them. The court noted no material implicated the applicants and allowed bail upon furnishing a bond with conditions to record statements and no tampering.

What did the court decide?

Directions for enlargement on bail upon arrest upon furnishing a bail bond of Rs. 20,000 with one surety, subject to conditions of recording statements within 7 days and no inducement of witnesses.

Nazibul Islam and Anr. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2024)

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GAHC010148412024

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

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Case No. : AB/1940/2024

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NAZIBUL ISLAM AND ANR S/O SABUR ALI R/O VIL- BOGULAMARI P.S. DHUBRI DISTRICT- DHUBRI, ASSAM

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2: HASIBUL ISLAM S/O SABUR ALI R/O VILL- BAGULAMARI P.S. DHUBRI DIST. DHUBRI ASSA VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. I CHOUDHURY, M INGTI

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 03.09.2024

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Heard Mr. R. L. Chutia, learned counsel for the applicants. Also heard Mr. R. R. Kaushik, learned Addl. Public Prosecutor appearing for the State respondents.

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The present application under Section 438 of the Cr.PC., 1973 has been filed, praying for pre-arrest bail to the applicants in connection with Dhubri P.S. Case No. 73/2024, under Sections 143/302 IPC.

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The said case was so registered basing on a FIR dated 11.03.2024, filed by one Taijuddin Sk as informant, wherein, it has been alleged that the accused no. 1 and accused no. 2 named in the FIR had assaulted the father of the informant, resulting in his death. The applicants, herein, were arrayed as accused no. 3 & 4 in the FIR. However, on perusal of the FIR, no specific allegation has been so leveled against the accused no. 3 & 4 therein, i.e. the present applicants.

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I have perused the Case Diary as produced by R. R. Kaushik, learned Addl. Public Prosecutor appearing for the State respondents and it is nowhere to be found that there is any specific material brought on record, implicating the applicants, herein, with the assault so occasioning on the father of the informant.

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It is also to be noted that the accused no. 1, who, as per the FIR, assaulted the father of the informant was already enlarged on bail by the Court of the learned Addl. Sessions Judge, Dhubri, vide the order dated 13.06.2024.

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In view of the above discussions, I am of the considered view that the applicants, herein, are entitled to pre-arrest bail and accordingly, it is directed that in the event of arrest of the applicants, herein, in connection with Dhubri P.S. Case No. 73/2024, under Sections 143/302 IPC, they shall be enlarged on bail on

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furnishing a bail bond of Rs. 20,000/- (twenty thousand only) with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:-

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The applicants shall appear before the Investigating Officer and record their statements within a period of 7(seven) days from today.

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The applicants 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/her from disclosing such facts to the Court or to any Police Officer.

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With the above observations and directions, the Anticipatory bail application stands disposed of.

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JUDGE

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Comparing Assistant

Nazibul Islam and Anr. v. the State of Assam

Case brief

What is this about?

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Nazibul Islam and Anr. v. the State of Assam

Case brief

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