Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 10203 (GAU)

ASHAD ULLAH @ BIPUL v. THE STATE OF ASSAM

Bail Appln./1003/2025 · 2025-04-28

Mitali Thakuria

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010069372025 2025:GAU-AS:5171 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1003/2025 ASHAD ULLAH @ BIPUL S/O LATE MAJUN ALI R/O VILL-BORNI (JANOR PAR) P.S. HAJO DIST.KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 29.04.2025 Heard Mr. A. Chaudhury, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This application filed under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot since 18.03.2025 in connection with Changsari P. S. Case No. 49/2025, registered under Section 61(2)/ 246/ 318(4)/ 336(3)/341(1)/3(5) of BNS. 3. The Case Diary as called for has already been received and I have perused the same. 4. It is submitted by the learned counsel for the petitioner, Mr. Chaudhury, that the present petitioner has been behind bar for the last 43 days, including five days of police remand. He further submits that the petitioner had obtained Form No. 50 from one Abdullah Ali, a co-accused, who had fraudulently entered certain data into the said Form No. 50. Furthermore, he submits that the Investigating Officer (I.O.) had sufficient opportunity to interrogate the petitioner keeping him in custody. The petitioner is still ready and willing to cooperate with the I.O. in the further investigation of the case, if granted the privilege of regular bail. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, submits that the investigation has progressed substantially, and some documents have already been collected by the I.O. He further submits that it is indeed a fact that the accused/petitioner obtained the said Form No. 50 from Abdullah Ali, who is a co- accused in this case. 6. Considering the submissions of the learned counsel for both sides, I have Page No.# 3/3 perused the Case Diary. Without going into the merits of the case, and solely taking into account the length of detention already undergone by the accused/petitioner, i.e., 43 days, I am of the view that the I.O. got ample opportunity to interrogate the accused/petitioner in custody. Accordingly, further custodial interrogation of the accused/petitioner does not appear to be necessary in the present case. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon, the accused/petitioner, namely, Ashad Ullah @ Bipul, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kamrup, Amingaon, without prior permission. 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant