Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010076962025
2025:GAU-AS:4793
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1154/2025 SHAHAB UDDIN SON OF SURUJ ALI, RESIDENT OF VILLAGE UDKATI, WARD NO 6, P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MR. M A CHOUDHURY,U U KHAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22.04.2025
1. Heard learned Counsel Mr.A.Ahmed for the petitioner Shahab Uddin who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind the Bars since 15.03.2025 in connection with Laharighat PS Case No. 58/2025 under Section 76/79/115(2)/308(2)/3(5) of the BNS. Page No.# 2/3
2. Learned Addl.Public Prosecutor Mr.M.P.Goswami is present for the State respondent who has raised serious objection in granting bail to the petitioner. It is submitted that Case Diary is required to be scrutinized to consider the bail petition. 3. The FIR unfolds that on 08.03.2025, at about 6 pm, the petitioner tried to disrobe the victim while other accused persons named in the FIR held the victim. The petitioner then outraged modesty of the victim and thereafter he escaped whereas the other accused persons chased the victim and assaulted her. 4. It is submitted that the petitioner also borrowed Rs.2 Lacs from the victim and petitioner in the pretext of returning the money, called her and again outraged her modesty and robbed her of one gold chain and an amount of Rs.14,000/-. 5. Case Diary as called for is not received. 6. It appears that bail may be granted to the petitioner who is behind the Bars since 15.03.2025. Investigation may have presumably progressed to a certain extent. Considering the submission that the petitioner is willing to co- operate with the remaining part of the investigation, prayer for bail is allowed. 7. The petitioner named above shall be released on bail on furnishing bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Morigaon subject to the following conditions: i) The petitioner shall not exercise threats to the witnesses, ii) The petitioner shall not leave the jurisdiction of the
Page No.# 3/3 Court without prior permission. 8.
On breach of any of the above conditions, learned court is at liberty to cancel the bail granted to the petitioner. 9. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant