Hussain Ahmed v. The State of Assam

ORDER

04.12.2024

Heard Ms. R Choudhury, learned counsel for the petitioner and Mr. R R Kaushik, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the BNSS, 2023 by the petitioner, namely, Hussain Ahmed, praying for release on bail, who has been facing trial in GR Case No. 2179/2022 pending before the court of the learned SDJM, Karimganj. Four accused persons were shown absconder in the charge sheet. One of them is the present petitioner. Another accused Pervez Mia was granted bail. The present petitioner was arrested on the basis Page No.# 2/2 of a Warrant of Arrest, issued by the learned SDJM, Karimganj. Two other accused persons are yet to be apprehended. It is submitted that the petitioner has already completed 287 days in judicial custody. I have considered the submissions made by the learned counsel of both sides. Two accused persons are yet to be apprehended and there is no fix time limit as to when they will be arrested. The present petitioner has already completed near 300 days in judicial custody. Therefore, considering the long period of detention, the prayer of the petitioner for bail is allowed. Accordingly, it is directed that the petitioner Hussain Ahmed, who has been facing trial in GR Case No. 2179/2022 before the court of the learned SDJM, Karimganj and now in judicial custody shall be released on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned SDJM, Karimganj. The bail application is disposed of.

JUDGE

Comparing Assistant

Page No.# 1/2 GAHC010199502024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2921/2024 HUSSAIN AHMED S/O ASAB ALI R/O VILL- MEDAL PT.I,P.. KANISHAIL P.S. AND DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA