Enamul Hoque Alias Ali v. The State of Assam

ORDER Date : 13-12-2024

Heard Mr. S. Paul, learned counsel appearing for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-Page No.# 2/3 arrest bail in respect of Gorchuk P.S. Case No.403/2024, registered under Sections 296/126(2)/118(2)/3(5) of the BNS Act.

¶3The informant and the present petitioner along with some other persons were doing painting job in a newly constructed building. It is alleged that the labourers used to throw water from the upper floors which fell on some other persons. On that issue, there was a quarrel which turned into a bigger one. The informant has alleged that in that incident, he sustained a fracture.

¶4I have considered the submissions made by the learned counsel for both sides.

¶5The petitioner and the informant both are colleagues in their work place. The incident might have taken place because of some misunderstanding.

¶6This Court is of the opinion that under the given circumstances of the case, the petitioner does not deserve to be detained in custody. Therefore, the pre-arrest bail application is allowed.

¶7It is hereby directed that in the event of arrest in connection with Gorchuk P.S. Case No.403/2024, registered under Sections 296/126(2)/118(2)/3(5) of the BNS Act, the petitioner, namely Enamul Hoque @ Ali shall be released on bail of ₹20,000/- with surety of like amount to the satisfaction of the arresting authority.

¶8The petitioner shall cooperate with the police investigation as and when required. The application for bail is disposed of. Page No.# 3/3 Case diary shall be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010266662024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3278/2024 ENAMUL HOQUE ALIAS ALI S/O MAJAM ALI, RESIDENT OF VILLAGE ALOMGANJ BAZAR, ASTOMIRACHAR, L.P SCHOOL, PS AND DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S PAUL, MS P DASGUPTA,MS F BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA