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2025 DAILYLAW 10487 (GAU)

USMAT ALI v. THE STATE OF ASSAM

Bail Appln./1109/2025 · 2025-04-08

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010073572025 2025:GAU-AS:4443 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1109/2025 USMAT ALI S/O- LALCHAN ALI R/O VILL- BAKRIKUCHI P.S. MUKALMUA DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 09-04-2025 Heard learned counsel Mr. M. Khan for the petitioner Usmat Ali, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 05.03.2025 in connection Page No.# 2/3 with Bongaigaon Police Station Case No. 188/2024 registered under Sections 380 of Indian Penal Code, 1860. 2. Heard Ms. N. Das, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that he is involved in theft of cash from the informant’s shop. 4. I have considered the submissions at the bar. The petitioner is behind bars for 36 (Thirty Six) days. It appears that investigation may have presumably progressed to some extent. 5. It appears that further custodial detention may not be required for the progress of investigation. 6. Considering all aspects, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon under the conditions that:- (i) the petitioner shall refrain from such activities with which he is alleged, (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. 7. On breach of any of the bail conditions, the jurisdictional Court/Eleka Page No.# 3/3 Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 8. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant