Gauhati High Court
Rahim Uddin Barbhuiya @ Abdul Rahim ... vs The State Of Assam on 18 May, 2020
Author: Ajai Lamba
Bench: Ajai Lamba
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GAHC010065502020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 812/2020
1:RAHIM UDDIN BARBHUIYA @ ABDUL RAHIM BARBHUIYA AND ANR.
S/O- LT. AKLIM RAJA BARBHUIYA, VILL- BAHADURPUR PART-I P.O.
RANGAUTI, P.S. AND DIST.- HAILAKANDI, ASSAM
2: AKLAS UDDIN LASKAR
S/O- LT. KALA MIA LASKAR
VILL- RATANPUR PART-I
P.O. RANGAUTI
P.S. AND DIST.- HAILAKANDI
ASSA
VERSUS
1:THE STATE OF ASSAM
REP. BY THE P.P., ASSAM
Counsel for applicant : Mr. HRA Choudhury, senior Advocate
Mr. SC Biswas.
Counsel for respondent : Mr. NJ Dutta,
Additional Public Prosecutor, Assam.
BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA 18.05.2020 Rahim Uddin Barbhuiya @ Abdul Rahim Barbhuiya and Aklas Uddin Laskar have filed this application for bail under Section 439 of the Code of Criminal Procedure in Algapur PS Case No.50/2020 registered under Sections 147/148/149/341/342/326/302 of IPC.
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2. The Court proceedings have been conducted through Video-Conferencing in view of the present scenario so as to maintain social distancing.
3. I have heard Mr. HRA Choudhury, learned senior counsel for the applicants and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam for the respondent.
4. Contention of learned counsel for the applicants is that best witness of the incident would be Pratap Roy, who was injured in the event. It has been asserted on behalf of the applicants that the injured witness in his statement recorded under Section 164 CrPC in the course of investigation makes it clear that no role whatsoever has been ascribed to the applicants. Injuries have been ascribed to Babui and Selim Uddin.
5. Mr. NJ Dutta, learned counsel for the prosecution has passed on statements of Pratap Roy recorded under Section 164 of CrPC. On perusal of the statements, it becomes evident that injuries have been ascribed only to the above said two persons. No role in the incident has been ascribed to either of the applicants.
6. Considering the fact that the injured witness has not attributed any role in the incident to the applicants, the application is allowed.
7. Accordingly, it is directed that the abovenamed applicants be released on bail on their furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Hailakandi.
Heavy surety.
8. Let copy of this order be provided under the signature of the Court Master.
CHIEF JUSTICE Comparing Assistant