Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1035/2025 MUZAMMEL HOQUE S/O- MORTUZ ALI, R/O- VILL- BARBALA, PS- HOWLY DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MR. S RAHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.04.2025
1. Heard learned counsel Mr. S. M. Abdullah P for the petitioner Muzammel Hoque.
2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 15.03.2025 in connection
Page No.# 2/3 with Tamulpur Police Station Case No. 65/2025 under Sections 61(2)/303(2)/306/316(2)/3(5) of the BNS.
3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam.
4. This case is relating to selling of 24000 litres of petroleum product fraudulently by the driver and the handyman of an Oil tanker bearing registration No. NL-01-4459. The grounds of arrest in connection with this case of the petitioner is that he has received 200 litres of petroleum. It is submitted on behalf of the petitioner that the money obtained by selling the petroleum product illegally has already been recovered.
5. I have considered the submission that further custodial detention may not be required for the progress of investigation. The petitioner has been behind bars for 21 days.
6. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Baksa under the conditions that: (i) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and (ii) The petitioner shall not leave the jurisdiction of the Court without prior permission. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner.
7. In terms of the above observation, this bail application stands disposed of.
Page No.# 3/3 JUDGE Comparing Assistant