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2025 DAILYLAW 10452 (GAU)

JALAL UDDIN v. THE STATE OF ASSAM

Bail Appln./1061/2025 · 2025-04-20

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010072712025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1061/2025 JALAL UDDIN S/O JOHIR UDDIN, R/O- WARD NO. 5, DOBOKA TOWN, P.O. AND P.S. DOBOKA, DIST. HOJAI, ASSAM, PIN-782440 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 21.04.2025 1. Heard learned counsel Mr. M. K. Hussain for the petitioner Jalal Uddin. 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3 31.03.2025 in connection with Doboka Police Station Case No. 08/2025 under Sections 189(2)/126(2)/118(2)/109 of the BNS. 3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the respondent State. 4. The allegation against the petitioner is that he along with the co-accused have attacked the victim with dao, iron rod causing grave injuries on his head. 5. Learned Additional Public Prosecutor has raised objection stating that although the injuries are described as simple injuries in the medical report, the victim has sustained injuries on his head which is a vital part of the body and thus there is sufficient evidence that the miscreants attempted to commit murder of the victim. 6. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. 7. I have considered the submission that the petitioner is willing to co-operate with the remaining part of investigation. Investigation has also progressed substantially. It appears that bail may be granted to the petitioner. 8. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Hojai, under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of Page No.# 3/3 investigation, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, Bail Application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant