Aminul Islam v. The State of Assam

ORDER

30.01.2024

Heard Mr. H.R. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, appearing for the State of Assam. This is an application under Section 439 of the Code of Criminal Procedure, 1973 for granting of regular bail to the accused / petitioner, namely, Aminul Islam, who was arrested on 14.08.2023 in connection with Sessions Case No. 93/2021 Page No.# 2/2 (arising out of Karimganj P.S. Case No. 1093/2021) proceeded under Section 379/413/34 of the IPC. Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam submits that the accused petitioner was earlier granted bail and while he was facing trial he had defaulted and accordingly NBWA was issued by the Trial Court. Mr. H.R. Choudhury, learned counsel for the petitioner submits that the accused petitioner is willing to cooperate with the ongoing trial and undertakes to appear on all dates. For the aforesaid reasons, the petitioner, namely, Aminul Islam is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of the like amount to the satisfaction of learned Chief Judicial Magistrate, Karimganj subject to the following conditions.

(i) That the petitioner shall appear before the Trial Court on all dates failing which the bail granted shall stand cancelled.

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to the any Police Officer. With the above observation, this bail application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010005862024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./116/2024 AMINUL ISLAM S/O LATE JOMIR ALI VILL- MAIZGRAM PANIGHAT P.S. AND DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI