Samsul Haque v. The State of Assam

ORDER

07.06.2024 Heard Ms T Som, learned counsel for the petitioner, Samsul Haque.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973, with prayer for bail, as he is behind bars since 29.04.2024, in connection with Kalgachia PS Case No. 47/2024, under Sections 302/201/34 IPC. Page No.# 2/2

¶3Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶4The prime accused, Samsul Sheikh, i.e., the petitioner informed the neighbours that the body of his deceased father, Bisha Sheikh was to be buried after following the customary rituals. At about 10:00 am, Ismail Hussain, who was observing the rituals noticed marks of stab wounds on the neck and throat of the deceased. Meanwhile, the petitioner Samsul and his wife along with his children had already fled. The present FIR was registered and investigation commenced.

¶5The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶6I have also scrutinized the Case Diary.

¶7The Inquest Report reveals one deep cut injury on the throat of the deceased.

¶8Indeed, there are incriminating materials in the Case Diary, against the petitioner.

¶9At this juncture, there appears to be no justified ground to enlarge the petitioner on bail.

¶10Hence, petition is rejected. 11 Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010104202024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1510/2024 SAMSUL HAQUE S/O LATE BISHA SEIKH VILL- BARTARI P.S. KALGACHIA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND