The Gauhati High Court granted regular bail to Imdadul Hoque @ Md. Intajul Ali in a case under Section 87 of the BNS 2023. The court ordered release since the investigation concluded with a Final Report indicating the petitioner was not implicated.
CJM Kamrup (Amingaon) directed to forthwith release the petitioner from custody.
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GAHC010168082024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2489/2024
IMDADUL HOQUE @ MD INTAJUL ALI S/O ABDUL KADER JELANI, VILL- SILGHARGI PART-I, P.O.-HOWRARPAR, DIST- DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A M KHAN, MD. S ALI,MR. R I DEWAN,MR T T MONI
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 03-09-2024
Heard Mr. A.M. Khan, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor appearing for the State respondent.
The present application has been instituted by the petitioner namely, Imdadul Hoque @ Md. Intajul Ali, praying for regular bail in connection with Changsari P.S. Case No.225/2024 under Section 87 of the BNS.
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The petitioner herein was placed under arrest in connection with the aforementioned case on 09.08.2024.
Today, when the matter was taken up for consideration, Mr. K.K. Parasar, learned Additional Public Prosecutor on instruction submits that the said case on conclusion of its investigation had culminated in an FR, which was submitted vide Changsari P.S. F.R. No.103/24 dated 12.08.2024.
The petitioner herein having not been implicated in the said case, his further custodial detention would not be called for.
Accordingly, the CJM, Kamrup (Amingaon) is directed to forthwith release the petitioner herein from custody.
A copy of the instruction received by Mr. K.K. Parasar, learned Additional Public Prosecutor dated 02.09.2024 be kept on record and marked as document “X”
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant regular bail to the petitioner who has been released from investigation following submission of final report.
Whether the petitioner should be released from custody given that he is not implicated in the concerned case.
1 provisions across 1 enactments
Imdadul Hoque @ Md. Intajul Ali
The State of Assam represented by the Public Prosecutor, Assam
N. Unni Krishnan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
