Lal Hussain Ali v. The State of Assam

ORDER Date : 25.11.2024

Heard Mr. A.K. Azad, learned counsel for the petitioner, Lal Hussain Ali, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 06.10.2024 in connection with Bharalumukh P.S. Case No.180/2024 under Sections 61(2)

(a)/103(1)/238(a) of BNS, 2023. Page No.# 2/2

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegations against the petitioner is that his second wife had an illicit relationship with the deceased, Toybuddin Ahmed. In order to wreak vengeance against this illicit relationship between his wife and the deceased, the petitioner on 03.10.2024 at about 10.30 p.m mowed down the deceased with his Bolero vehicle, which he was driving. It is submitted on behalf of the petitioner that this is an accident case and a false case has been brought up against the petitioner.

¶4The learned Additional Public Prosecutor has raised serious objections stating that there are incriminating materials in the Case Diary against the petitioner.

¶5I have also scrutinized the Case Diary. It is seen that there are incriminating materials in the Case Dairy against the petitioner, and investigation is still under progress.

¶6I have considered the facts and circumstances of this case. It appears that investigation may be adversely affected if the petitioner is admitted to bail at this juncture. I am not inclined to grant bail to the petitioner, at this stage of investigation.

¶7Accordingly, in term of the above, this Bail Application stands rejected at this stage.

¶8Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010220312024 2024:GAU-AS:11557 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3251/2024 LAL HUSSAIN ALI S/O RAHIMSA ALI R/O VILL- ROUMARI P.S. SUWALKUCHI DIST. KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A K AZAD, S HUSSAIN,P ADHIKARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND