Md. Babul Hoque @ Babu v. The State of Assam

ORDER

31.05.2024

¶1Heard Mr. D. J. Haloi, learned counsel for the petitioner, Mohammad Babul Hoque @ Babu. Page No.# 2/3

¶2This application has been filed under Section 439 of the Cr.PC with a prayer for bail as he is behind bars since 03.03.2024 in connection with Garoimari P.S. Case No. 21/2024 under Sections 143/341/326/307/379 IPC.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam.

¶4The FIR unfolds that on 27.02.2024, at about 6 p.m. when Habej Khan was returning home with an amount of Rs. 70000/-, the petitioner and his companions demanded money from him and when he refused to pay the money to the petitioner and his friends, they assaulted him and robbed him off his money.

¶5I have scrutinized the Case Diary.

¶6It is submitted by the learned Additional Public Prosecutor that the injuries are grievous in nature and indeed there are incriminating materials against the petitioner. However, the petitioner is behind bars for 89 days and charge sheet has not been submitted.

¶7The petitioner has pledged to co-operate with the remaining part of the investigation. Considering all aspects and in view of my foregoing discussions, the petition is allowed.

¶8The petitioner is enlarged on bail of Rs. 50000/- with a suitable surety of like amount to the satisfaction of the CJM, Kamrup, Amingaon under the condition that;

(i) The petitioner shall refrain from such activities with which he is alleged, and Page No.# 3/3

(ii) the petitioner shall not leave jurisdiction of the Court without prior permission till completion of investigation.

(iii) On breach of any of the bail conditions, bail order shall stand cancelled.

¶9Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010084562024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1222/2024 MD. BABUL HOQUE @ BABU S/O TOTA MIYA VILL MAJORTOP, P.S. GOROIMARI P.O. TUKRAPARA DIST. KAMRUP, ASSAM PIN-781137 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. S A HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND