Samsul Haque v. The State of Assam

ORDER

22.07.2024

¶1Heard learned counsel Ms. T. Som for the petitioner Samsul Haque.

¶2This application has been filed by the petitioner under Section 439 of the Cr.PC with prayer for bail as he is behind bars since 29.04.2024 in connection Page No.# 2/3 with Kalgachia P.S. Case No. 47/2024 under Section 302/201/34 of the IPC.

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

¶4The allegation against the petitioner is that he informed his neighbours that the body of his deceased father, Bisha Seikh has to be buried after following the customary rituals. At about 10 a.m., Ismail Hussain who was observing the rituals, noticed stab injuries on the neck and throat of the deceased. Meanwhile, the petitioner and his wife along with their children have already escaped. Then the present FIR was registered and investigation commenced.

¶5Earlier vide order dated 07.06.2024 in connection with B.A. No. 1510/2024, bail application of the petitioner was rejected.

¶6Now, the petitioner is behind bars for 86 days and the petitioner has prayed for bail as Charge-sheet has not yet been laid against the petitioner.

¶7I have considered the submissions at the Bar with circumspection.

¶8I have considered the prayer of the petitioner for bail on the length of detention.

¶9It appears that investigation may have presumably progressed to a considerable extent.

¶10I have also considered the submission that the petitioner is willing to co-operate with the remaining part of the investigation and he is willing to abide by any stringent bail conditions, if imposed upon him. Page No.# 3/3

¶11The petitioner is a local resident and is not a flight risk.

¶12It is also submitted that further custodial detention may not be required for progress of investigation.

¶13Considering all aspects and in view of my foregoing discussions, Petition is allowed. The petitioner is enlarged on bail of Rs 30,000/- (Rupees thirty thousand), with a suitable surety of like amount to the satisfaction of the Elaka Magistrate under the condition that:

(i) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶14On breach of any of the bail conditions, bail order shall stand automatically cancelled. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010132562024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2075/2024 SAMSUL HAQUE S/O LATE BISHA SEIKH, VILL- BARTARI, P.S.-KALGACHIA, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND