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2025 DAILYLAW 10299 (GAU)

ASADUL ISLAM v. THE STATE OF ASSAM

Bail Appln./1256/2025 · 2025-04-24

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010069992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1256/2025 ASADUL ISLAM S/O KUDDUS ALI, R/O VILLAGE- MATIFATA, P.S. FAKIRGANJ, DISTRICT DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M H LASKAR, M. HOSSAIN,MR. ABU LAISE Advocate for the Respondent : PP, ASSAM, MR. C TALUKDAR(INFORMANT),A GAUTAM (INFORMANT),MS. D DAS(INFORMANT),ARUNABH SARMA(INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.04.2025 1. Heard learned counsel Mr. M. H. Laskar for the petitioner Asadul Islam. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 05.03.2025 in connection with Dispur Police Station Case No. 151/2025 under Sections Page No.# 2/3 109(1)/117(2)/303(2) of the BNS. 3. Heard Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State and learned counsel Mr. A. Gautam for the informant. 4. It is submitted on behalf of the informant that the petitioner has suppressed criminal antecedents that the petitioner is a history sheeter and he has been involved in an offence under Sections 356/379 of the IPC which is registered as Dispur P.S. Case No. 553/2023. It is also submitted that it is trite law that when antecedents are suppressed and when an accused has criminal antecedent, he is not entitled to bail. 5. Learned Additional Public Prosecutor has raised objection against the petitioner’s prayer for bail without scrutinizing the Case Diary. 6. I have considered the submissions at the Bar with circumspection. 7. The petitioner has sprayed for bail on the ground of parity. The petitioner has been behind bars for 50 days. The co-accused has already been enlarged on bail by this Court vide order dated 10.04.0225 in connection with B.A. 837/2025. 8. It is submitted that the petitioner is willing to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 9. It appears that bail may be granted to the petitioner. 10. 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, Kamrup, (M), under the conditions that: Page No.# 3/3 (i) The petitioner shall refrain from such activities with which he is alleged, and (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 11. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 12. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant