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2025 DAILYLAW 10451 (GAU)

MD RASHIDUL ALOM AND ANR v. THE STATE OF ASSAM

Bail Appln./1063/2025 · 2025-04-09

Susmita Phukan Khaund

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010073592025 2025:GAU-AS:4553 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1063/2025 MD RASHIDUL ALOM AND ANR S/O MD. ABDULKADIR R/O HOUSE NO. 11, VILL-KURIHAMARI NEAR PANDITAPAM,GAON BURHAPAM LP SCHOOL,P.O. BHANGNAMARI, P.S. SIALMARI DIST. NALBARI, ASSAM, PIN-781126 2: NOOR ALI @ NOOR HUSSAIN ALI S/O MD.SAIFUDDIN AHAMED R/OVILL-AMRITPUR BYALANE GANESH MANDIR PATH BATAHGHULI PANJABARI P.O. BAGHARBORI P.S. SATGAON DIST. KAMRUP (M) ASSAM PIN-78103 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR A RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10.04.2025 1. Heard learned Counsel Mr. S.Munir for the petitioners 1.Md. Rashidul Alom and 2. Noor Ali @ Noor Hussain Ali who have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 30.03.2025 in connection with Dispur PS Case No. 296/2025 under Sections 112(2)/305(b)/305(c)/317(2)/317(4)/317(5)/324 (5) of the BNS. 2. Learned Addl.Public Prosecutor Mr.K.K.Das is present for the respondent State. 3. A truck was stolen from the parking area in front of Sai Baba Mandir Road and it was reduced to scrap and thereafter the scrap was transported to be sold. 4. It is submitted by learned Addl.Publc Prosecutor that there are incriminating materials in the Case Diary against the petitioners. They have been involved in an organised crime of selling trucks and dismantling trucks into scrap and selling iron scrap outside Assam. 5. I have also scrutinized the Case Dairy. Indeed there are incriminating materials in the Case Diary that the petitioners are complicit. Investigation has progressed substantially. It appears that further custodial detention of the petitioners may not be required for further investigation. The petitioners are willing to co-operate with the remaining part of the investigation. The petitioners have also pledged to abide by any stringent bail conditions if Page No.# 3/3 imposed upon them. 6. Considering all aspects, prayer for bail is allowed. 7. The petitioners named above shall be released on bail on furnishing bail bond of Rs.50,000/- each with a local surety each of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati subject to the following conditions: i) The petitioners shall appear before the I.O. every fortnight till completion of the investigation, ii) The petitioners shall refrain from such activities with which they are alleged. 8. On breach of any of the above conditions, learned court is at liberty to immediately cancel bail granted to the petitioner. 9. In terms of the above observations, bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant