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Raiful Islam v. The State of Assam

Disposed On Motion date after hearing the both sides
Court
High Court of Gauhati
Decided
11 February 2024
Bench
S. Justice Mitali Thakuriaauthor
Case no.
Bail Appln. 258/2024

Judgment

ORDER Date : 12.02.2024

Heard Mr. K. H. Saikia, learned counsel for the petitioner. Also heard Mr. N. Baishya, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 439 of the Code of Criminal Procedure, for grant of bail to the accused/petitioner, who has been arrested in connection with Kamalpur P.S. Case No. 222/2023, under Section 366 of the Indian Penal Code (G.R. Case No. 1374/2023).

Mr. N. Baishya, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the case has already been Charge-Sheeted, vide Charge-Sheet No. 157/2023, dated 31.12.2023.

In this context, Mr. Saikia, learned counsel for the petitioner, has submitted that the accused/petitioner is innocent and the incident had happened only due to love affairs and considering his length of detention, he may be enlarged on bail.

Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide Charge-Page No.# 3/3 Sheet No. 157/2023, dated 31.12.2023, the accused/petitioner is hereby directed to appear before the learned Court below with an appropriate application for bail, which shall be considered by the learned Court below in accordance with law.

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

JUDGE Comparing Assistant

Case details

Parties and counsel

PageoNo.#o1/3 GAHC010017842024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./258/2024o RAIFULoISLAMo S/OoMOKBULoHOQUEo@oMAKBULoHUSSAINoVILL-oCHOMRASHALIo P.S.oMANKACHARo DIST.oSOUTHoSALMARAoMANKACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oKoHoSAIKIAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

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.