Albert Khan v. The State Of Assam Rep. By Pp, Assam

GAHC010107982020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln. 1595/2020 1:RIAZ ALI AND ANR S/O. AZAD ALI, OF ALIPARA, GOALPARA, P.O. GOALPARA, NEAR ALIPARA MASJID, P.S. GOALPARA, DIST. GOALPARA, 2: ALBERT KHAN S/O. LT. MUKIDUR RAHMAN KHAN OF BARABAJAR NEAR INCOME TAX OFFICE ALIPARA GOALPARA P.S. GOALPARA DIST. GOALPARA VERSUS 1:THE STATE OF ASSAM REP. BY PP, ASSAM. Advocate for the Petitioner : MR Z RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER 28.08.2020 By this application under Section 439 CrPC, petitioners, namely, 1) Riaz Ali and 2) Albert Khan,who were arrested on 06.08.2020, has prayed for granting them regular bail, in connection with DispurPS Case No. 1675/2020, under Sections 120 (B)/384/511/IPC, read with Section 25 (1-a) of the Arms Act. Heard the learned counsel for both the sides. Also perused the record and the Case Diary. So far as the allegation in the FIR is concerned, on 05.08.2020, while the Dispur Police Stationofficials along with officials of Army Intelligence and Crime Branch Staff, apprehended one PranjalRay and some other persons in two vehicles, they recovered one pistol, one magazine and 9 rounds oflive ammunitions from the possession of Pranjal Ray and he failed to produce any valid documents.Total 5 persons were coming in 2 vehicles along with Pranjal Ray, who was arrested. The said PranjalRay has admitted about having possession of those arms, which he claimed to have purchased from oneperson at Hornbill Festival. The matter reflects possession of arms simpliciter from said Pranjal Rayand no other complicity of the present petitioner is suggested from the Case Diary till now. Considering all materials in the Case Diary and the statement of the accused Pranjal Ray andothers, it appears that further detention of the accused petitioner, aforesaid, can be dispensed with.Accordingly, the accused petitioners, aforesaid, are allowed to go on bail of Rs. 20,000.00 each, withone surety each of the like amount, to the satisfaction of learned CJM, Kamrup (Metro). Bail Application stands disposed of. Return the Case Diary. JUDGE Comparing Assistant