Allowed¶22

Jiadul Hussain Laskar v. the State of Assam

Bail granted – Gauhati High Court (Robin Phukan, J.), 06.02.2025 – Bail Appln./196/2025 under S.483 BNSS 2023

Gauhati HC5 Feb 2025Bail Appln./196/2025

Download

Case brief

AI extract

What is this about?

Gauhati High Court order dated 06.02.2025 by Justice Robin Phukan allowing Bail Appln./196/2025 under Section 483 BNSS 2023 for Jiadul Hussain Laskar v. State of Assam; bail granted in Joypur P.S. Case No.57/2024 under Section 61(2)/308(4) BNS 2023 with Section 10/13 UAPA 1967; extortion/money-demand allegations attributed to NSCN IM via calls/SMS; detention since 14.12.2024; release on Rs. 50,000 bond plus one surety before Sessions Judge, Cachar, Silchar; no precedents cited.

What did the court decide?

Accused Jiadul Hussain Laskar enlarged on bail on furnishing a bail bond of Rs. 50,000 with one surety of like amount to the satisfaction of the learned Sessions Judge, Cachar, Silchar; case diary to be returned. ¶22

Jiadul Hussain Laskar Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

Page No.# 1/3

GAHC010012582025

undefined

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

¶5

Case No. : Bail Appln./196/2025

¶6

JIADUL HUSSAIN LASKAR S/O LATE ABDUL KADIR LASKAR R/O HARINAGAR,PASHIM MUTACHERRA P.S.JOYPUR, DIST. CACHAR, ASSAM PIN- 788107

¶7

VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

¶8

Advocate for the Petitioner : MR. S C BISWAS, MS A BORAH,MS. J GHOSH,MR. P S BISWAS Advocate for the Respondent : PP, ASSAM,

¶9

BEFORE

¶10

HON'BLE MR. JUSTICE ROBIN PHUKAN

¶11

ORDER

¶12

06.02.2025

¶13

Heard Mr. S.C. Biswas, learned counsel for the accused and also heard Mr. B. Sharma, learned Special Public Prosecutor, Wildlife, Assam, appearing for the State respondent.

¶14

Page No.# 2/3

¶15

2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the accused, namely, Jiadul Hussain Laskar, who has been languishing in jail hazot since 14.12.2024, in connection with Joypur P.S. Case No.57/2024 under Section 61(2)/308(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 10/13 of the Unlawful Activities (Prevention) Act, 1967, for grant of bail.

¶16

3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Sankar Roy, on 13.12.2024. The allegation in the FIR dated 13.12.2024 is that he is being engaged in a construction project at Joypur Paschim Diksha Railong via Thaipoonagar Road and he had received one call and also SMS from mobile No.7002348349 from NSCN IM Commandar on 10.12.2024 and 11.12.2024 demanding money in exchange for allowing him to pursue the construction work and he received the aforementioned call as well as text message from phone No.6002161467 and he was asked to stop construction and to make payment of the demanded amount.

¶17

4. Mr. Biswas, learned counsel for the accused submits that the accused was arrested on 14.12.2024 and since then he has been languishing in jail hazot for last 55 days and that the maximum punishment provided under the Section, under which the case has been registered, is 7 years and that the accused is innocent and he is no way involved with the offence alleged and he is also ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶18

5. On the other hand, Mr. B. Sharma, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the I.O. has collected sufficient incriminating materials against the present accused. However, Mr. Sharma submits that the I.O. has achieved significant progress in the investigation of the case. But, considering the nature and gravity of the offence, Mr. Sharma has opposed the petition.

¶19

6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petitioner and the documents placed on record and also perused the case diary with the assistance of Mr. Sharma, learned Additional P.P.

¶20

7. The case diary indicates that the I.O. has collected some materials to show the complicity of the present accused with the offence alleged in the FIR, dated 14.12.2024. However, it appears that the I.O. has achieved significant progress in the investigation of

¶21

Page No.# 3/3

¶22

this case and in that view of the matter, further custodial detention of the accused, in the interest of investigation seems to be not warranted here in this case and therefore, this Court is inclined to allow this petition.

¶23

8. It is provided that on furnishing a bail bond of ` 50,000/- with one surety of like amount to the satisfaction of the learned Sessions Judge, Cachar, Silchar, the accused, namely, Jiadul Hussain Laskar, shall be enlarged on bail.

¶24

9. In terms of above, this bail application stands disposed of.

¶25

10. Case diary be returned.

¶26

Sd/- Robin Phukan JUDGE

¶27

Comparing Assistant

Jiadul Hussain Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jiadul Hussain Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rekibur Rahman Vs the State of Assam

Sri Pradip Sarkar Vs the State of Assam and Anr.

Riju Kanta Pegu Vs the State of Assam

Fakar Uddin Vs Durjan Khan and Anr.

Rupen Rabha Vs the State of Assam

Anowar Hussain Vs the State of Assam