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2025 DAILYLAW 8969 (GAU)

MOINA MIA LASKAR v. THE STATE OF ASSAM

Bail Appln./745/2025 · 2025-03-27

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010052652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./745/2025 MOINA MIA LASKAR SON OF LATE ANFAR ALI LASKAR PERMANENT RESIDENT OF VILL. RATANPUR PART-II P.O. HAILAKANDI P.S. HAILAKANDI DISTRICT HAILAKANDI ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. A M S MAZUMDER Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 28.03.2025 Heard learned counsel, Mr A M S Mazumdar, for the petitioner, Moina Mia Laskar, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023 with prayer for bail, as he is behind bars since 12.02.2025, in connection with Hailakandi PS Case No. 267/2024, under Sections 118(2)/109/3(5) of the BNS, 2023 (corresponding to GR Case No. 804/2024). 2. Heard Mr K Baishya, learned Additional Public Prosecutor, Assam for the respondent State, who has submitted that the Case Diary is not received. 3. The allegation against the petitioner is that he was amongst the group of miscreants, who attacked Ajmal Hussain with a dao on his head and a lenja on his lower abdomen. 4. It is submitted on behalf of the petitioner that the FIR clearly reveals that the overt act is attributable only to accused Nos. 1 and 2, named in the FIR, whereas the petitioner is the accused No. 5 in the FIR. It is submitted that the petitioner is willing to cooperate with the remaining part of the investigation. 5. It appears that bail may be granted to the petitioner. The petitioner is enlarged on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with a suitable surety of like amount to the satisfaction of the learned CJM, Hailakandi, under the condition that- i) the petitioner shall refrain from such activities with which he is alleged, ii) the petitioner shall appear before the IO on every fortnight, till completion of completion of investigation, and iii) the petitioner shall not leave the jurisdiction of the Court, without prior permission. Page No.# 3/3 5.1. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 6. Bail Application stands disposed of. JUDGE Comparing Assistant