- Court
- High Court of Gauhati
- Decided
- 18 January 2024
- Bench
- Parthivjyoti Saikia
- Case no.
- AB 77/2024
Judgment
Page No.# 1/2 GAHC010004982024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/77/2024 GULJAR ALI S/O LATE HAMID ALI R/O VILL-SONARISAL, P.S. BAIHATA CHARIALI, DIST. KAMRUP, ASSAM PIN-781381 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM
:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R
19.01.2024 This is an application under Section 438 of the CrPC in respect of Baihata Chariali Police Station Case No.373/2023, registered under Sections 341/ 294/ 307/ 326/506 of the Indian Penal Code. I have heard the learned counsel Mr. S. Munir appearing for the petitioner. Also heard Mr. K.K. Parasar, the learned Addl. Public Page No.# 2/2 Prosecutor representing the State of Assam. Ms. S. Naznin, learned counsel appears for the informant. On 05.12.2023, Md. Khursan Ali had lodged the FIR alleging that while he was returning from his shop at Balikuchi Chowk, he was attacked by the present petitioner. It is further alleged that the present petitioner had hit his hand with a shovel with an intention to kill him. But he sustained injury on his left hand only. The medical report available with the case diary shows that the informant sustained soft tissue injury on his left arm. Considering the aforesaid facts, no case under Sections 307 and 326 are made out against the present petitioner. Therefore, he does not deserve to be detained in custody. Accordingly, it is hereby directed that in the event of arrest in connection with Baihata Chariali Police Station Case No.373/2023, registered under Sections 341/ 294/ 307/ 326/506 of the Indian Penal Code, the petitioner Guljar Ali shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to co-operate with police investigation as and when required. With the aforesaid direction, the application for bail is disposed of. Case diary shall be returned.
JUDGE Comparing Assistant
Source: High Court of Gauhati, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.