SAMIN AHMED LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. F Haque, learned counsel for the petitioners. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondent.

(2.) This is an application, filed under Sec. 439 of the Cr.PC. seeking bail of the accused-petitioners, namely, 1. Samin Ahmed Laskar and 2. Moksud Alom Barbhuiya, in connection with Dispur Police Station Case No. 2942/2021 (GR No. 11910/2021) registered under Ss. 386/427 of the IPC read with Ss. 25(1-B)a/27 of the Arms Act. Perused the case dairy produced before this Court. On perusal of the case diary, it is found that there is no specific evidence that any fire arms were used in the instant case, rather from the statement of the co-accused, it appears that some materials were used to break the glasses of the window of the house of the informant which is not in the nature of fire arms. There is no specific evidence collected so far the offence alleged under the Arms Act is concerned. On the other hand, the accused-petitioner No. 1 has been in custody for 83 days and the accused-petitioner No. 2 has been in custody for 81 days, as on date.

(3.) Considering the length of detention and the materials in the case diary, as indicated above, both the petitioners are granted bail. Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs.20,000.00 each with a suitable surety each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati.