Md Fakaruddin v. The State of Assam

ORDER 04-10-2024 Heard Ms. R. R. Borah, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State.

¶2By this application filed under Section 483 of the BNSS, 2023, the petitioner namely, Md. Fakaruddin, has prayed for his bail in Bihpuria P.S. Page No.# 2/3 Case No. 121/2024, corresponding to G.R. No.575/2024 registered under Sections 318(4)/316(2)/308(4)/3(5) of the BNS, wherein, he was arrested on

10.08.2024 and since then, in custody.

¶3The petitioner herein is involved with other two accused persons of the case, who were already arrested.

¶4Perused the case diary as well as the report of the Investigating Officer of the case placed before the Court today by Mr. B. Sarma, learned Additional Public Prosecutor, Assam.

¶5The report of the Investigating Officer of the case as well as the case diary indicate that the present petitioner along with two other accused persons deceitfully extorted money from the informant and shared the said amount of money taken from the informant amongst themselves.

¶6Case diary as well as the report of the Investigating Officer dated

30.09.2024 indicates that the investigation of the case is in a nascent stage.

¶7Considering the materials in the case diary and the involvement of the petitioner in the alleged crime, this Court is of the view that it is not a fit case to grant bail to petitioner, named above, in said Bihpuria P.S. Case No. 121/2024, at this stage.

¶8Accordingly, this bail application of the petitioner stands rejected.

¶9Return the case diary.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010198052024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2902/2024 MD FAKARUDDIN S/O SAFIQUL ISLAM @ RAHMAN R/O VILL- NO. 2 SONAPUR P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S GOGOI, MS G GOGOI,MS A GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK