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PRINCIPAL SEAT AT GUWAHATI
BELLAL SK @ BELLAL HUSSAIN – Appellant
Versus
THE STATE OF ASSAM – Respondent


ORDER

Date : 29.09.2023

1. Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam.

2. This application under section 438 of the Code of Criminal Procedure, 1973 has been filed by the petitioner namely, Bellal SK. @ Bellal Hussain who is apprehending his detention in connection with PRC Case No. 1085/2023 corresponding to GR Case No. 217/2022 arising out of Dhubri PS Case No.

74/2022 under Section 305 of the Indian Penal Code.

3. The gist of accusation against the present petitioner is that on 25.01.2022, one Taher Ali, lodged an FIR before In-Charge of B. N. College Road Out Post under Dhubri Police Station, inter alia, alleging that the FIR named against the accused, namely, Shahjahan Ali @ Bassu used threaten the minor daughter of the first informant while she used to come to her school and he used to harass her and unable to tolerate the harassment of the accused the grand-daughter of the informant committed suicide on 25.01.2022 and accordingly, Dhubri PS Case No. 74/2022 was registered under Section 305 of IPC. After completion of the investigation, charge-sheet was laid against the

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