Talu Miya Alias Abu Taleb and Anr v. The State of Assam

ORDER Date : 03.10.2024 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. M.I. Hussain, learned counsel appearing for the petitioners and Mr.R.J. Baruah, learned Additional Public Prosecutor for the state of Assam.

¶2This is an application under Section 483 of BNSS, 2023 praying for grant of regular bail to the petitioners, who were arrested in connection with Manikpur P. S. Case No. 105/2024.

¶3On the issue of a goat belonging to the informant entering into the land of a neighbor, a quarrel took place between the families of the petitioners and the informant at about 12 noon on 21.07.2024. After that, at about 2 PM, the present petitioners alongwith some other persons allegedly attacked the family of the informant. As a result of which, one person, namely, Easin Ali died.

¶4I have gone through the case diary.

¶5Though the case diary shows that the present two petitioners were present at the place of the occurrence, there are no incriminating materials in the case diary against them as on date.

¶6Mr. Choudhury has submitted that the petitioner No. 1 had gave his daughter on marriage to Abdul Barek, who is shown as accused No. 4 in the FIR. According to Mr. Choudhury, he has informed the present two petitioners about the occurrence that took place at about 12 noon. They all went there to settle the dispute and the subsequent incident took place. Mr. Choudhury has submitted that the present two petitioners never took part in any offence.

¶7After considering the submissions made by the learned counsels of both sides and after going through the case diary, this Court is of the opinion that both the petitioners no longer deserves to be detained in custody as there are no incriminating materials in the case diary against them as on date. Page No.# 3/3

¶8Therefore, the petitioners, 1. Talu Miya @ Abu Taleb and 1. Rabbul @ Sanowar Hussain 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, Bongaigaon.

¶9The bail application stands disposed of accordingly. The CD shall be returned.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010194102024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2840/2024o TALUoMIYAoALIASoABUoTALEBoANDoANRo S/OoLT.oFALUoMIYAo VILL-oDHARMAPURo P.S.oSORBOGo DIST.oBARPETA,oASSAM 2:oRABBULo@oSANOWARoHUSSAIN oS/OoTALUoMIYAo@oABUoTALEBo VILL-oDHARMAPURo P.S.oSORBHOGo DIST.oBARPETA oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoHoRoAoCHOUDHURY,oMS.oPoAHMED,MR.oMoIoHUSSAIN,MRo ooooooooooooooooooooooooooooooooooooooooooooooooooooooSoISLAM,N.oUDDINo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA