Shadab Malik and Anr v. The State of Assam

ORDER Date : 30-04-2024 Heard Mr. A.K. Azad, learned counsel for the accused-petitioners and Ms. A. Begum, learned Additional Public Prosecutor for the respondent State of Assam. Page No. 2/2 By this application under Section 439, Code of Criminal Procedure, 1973, the accused-petitioners viz. [1] Shadab Malik and [2] Salman @ Salman Malik have prayed for their release on bail in connection with Mushalpur Police Station Case no. 33/2024, registered for offences under Sections 457/379/511/34, Indian Penal Code [IPC] with added Section 401, IPC. Ms. Begum, learned Additional Public Prosecutor has submitted, on instruction, that after completion of investigation in connection with Mushalpur Police Station Case no. 33/2024, the Investigating Officer [I.O.] of the case has already submitted a charge-sheet under Section 132[2], CrPC vide Charge-Sheet no. 22/2024 dated 24.04.2024 finding a prima facie case well established against the charge-sheeted accused persons, which includes the present accused-petitioners. In view of the above, the instant bail application stands closed, reserving the liberty to the accused-petitioners to approach the learned jurisdictional trial court for their release on bail, with the observation that in the event the accused-petitioners approach the learned jurisdictional trial court seeking bail, the jurisdictional trial court will consider such application on its own merits and in accordance with law in an expeditious manner.

JUDGE Comparing Assistant

Page No. 1/2 GAHC010080142024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1148/2024 SHADAB MALIK AND ANR S/O- ISLAMUDDIN, R/O- HOUSE NO. 206 GALI NO. 35, NEW ISLAM NAGAR, P.S. LISARI, DIST.- MEERUT, UP - 250002, PRESENT ADDRESS- ULUBARI, GUWAHATI, P.S. PANBAZAR, DIST.- KAMRUP (M), ASSAM 2: SALMAN @ SALMAN MALIK S/O- YASIN R/O- GARH ROAD SISOLI P.S. MUNDALI DIST.- MEERUT UP - 250004 PRESENT ADDRESS- ULUBARI GUWAHATI P.S. PANBAZAR DIST.- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. A K AZAD Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY