Mahsin Khan @ Mohsen Khan v. The State of Assam

ORDER Date : 24.09.2024 This is a common order for these two bail applications as both the bail applications have arisen out of the same FIR.

¶2Heard Mr. H. Das and Mr. B. Haldar, learned counsel appearing for the petitioners and Mr. R.J. Baruah, learned Additional Public Prosecutor for the state of Assam.

¶3Both the bail applications are filed under Section 483 of the BNSS, 2023 praying for grant of regular bail to the petitioners, Mahsin Khan @ Mohsen Khan and Moidul Islam Sarkar, who were arrested in connection with Goalpara P. S. Case No. 88/2024.

¶4The petitioner Moidul Islam Sarkar runs a Drug Rehabilitation Centre. One day, one of the inmates, namely Niksamseng Ch Marak died in the rehabilitation centre.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6The case diary reveals that on the day of occurrence, there was a big fight between the inmates of the rehabilitation centre. All the inmates including the petitioner, Mahsin Khan @ Mohsen Khan had assaulted the deceased. As a result Page No.# 3/3 of which, he died.

¶7The petitioner, Mahsin Khan @ Mohsen Khan has already spent 82 days in jail custody, whereas, the other petitioner, Moidul Islam Sarkar has spent 74 days in judicial custody.

¶8Considering all these facts, this Court of the opinion that both the petitioners no longer deserves to be detained in custody. Their bail applications are allowed.

¶9Accordingly, the petitioners, namely, Mahsin Khan @ Mohsen Khan and Moidul Islam Sarkar, who were arrested in connection with Goalpara P. S. Case No. 88/2024 shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Goalpara.

¶10Both the bail applications stand disposed of accordingly. The CD (s) shall be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010182512024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2689/2024 MAHSIN KHAN @ MOHSEN KHAN S/O MEHMOOD KHAN, R/O VILL- BHALUKDUBI, P.S.-GOALPARA, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H DAS, D BARUAH,MR. B C DEKA Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2749/2024 MOIDUL ISLAM SARKAR S/O DILOWAR HUSSAIN VILL- HEDAITPUR P.S.-GOALPARA DIST- GOALPARA ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM Page No.# 2/3 ------------ Advocate for : MR. B HALDAR Advocate for : PP ASSAM appearing for STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA