Munu Haque v. The State of Assam

ORDER Date : 05.03.2024

Heard Mr. D. Medhi, learned counsel for the accused and Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State respondent.

¶2This petition, under Section 439 Cr.P.C. is preferred by the accused, namely, Munu Haque, who have been languishing in jail hazot in connection Page No.# 2/3 with Dispur P.S. Case No. 118/2024, under Section 365 of the IPC, for grant of bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Ashok Shah on 11.02.2024. The essence of allegation made in the FIR dated 11.02.2024, is that on that day, at about 12:30 p.m., one stranger had kidnapped his 18 months old daughter from the footpath while she was playing there.

¶4Mr. Medhi, the learned counsel for the accused submits that the accused was arrested on 18.02.2024 and since then, she has been languishing in jail hazot, and that she is no way involved with the offence alleged in the FIR and she is ready to cooperate with the investigating agency, and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. R.J. Baruah, learned Addl. Public Prosecutor has produced the case diary before this Court and submits that the victim girl was recovered from the possession of one Jelimon Begum, with whom the present accused has connection and as such, Mr. Baruah has opposed the petition.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Baruah, learned Additional Public Prosecutor.

¶7In view of the materials collected so far in the case diary as well as the nature and gravity of the offence and also considering the period of detention, further custodial detention of the accused seems to be not warranted here in this case and therefore, this Court is inclined to allow the petition.

¶8Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned CJM, Kamrup(M), Page No.# 3/3 Guwahati, the accused be enlarged on bail.

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

¶10Case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010042392024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./566/2024 MUNU HAQUE WIFE OF ZAMANUL HAQUE RESIDENT OF H/NO-34, KRISHNA NAGAR, KAHILIPARA, NEAR 4TH APBN, NEAR MASJID, PS- DLSPUR, DIST- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : P. NAIDING Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN