Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010080652025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1186/2025 MOHIBUL ISLAM S/O MAKIRUDDIN VILL NO JHARGAON PS KALAIGAON DIST UDALGURI ASSAM PIN 784509 ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B K DAS, MR. P DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 29.04.2025
1. Heard Mr. B. K. Das, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Mohibul Islam, who has been detained behind the bars since 08.04.2025 (for last 22 days) in connection with Mangaldoi P.S. Case No. 63/2025 under Sections 316(2)/318(3) of the BNS. Page No.# 2/3
3. The gist of accusation is that on 08.04.2025, one Gukul Deka, ASI of Police had lodged an FIR before the Officer-in-charge of Mangaldoi Police Station, inter alia, alleging that the petitioner had taken Rs.6,00,000/- (Rupees Six Lakh) from the family members of an accused (Dr. Abu Sayed) of a case lodged by the victim of sexual assault on 03.04.2025. It is alleged that the petitioner has also been involved in taking money in some other pretext like transfer etc., from various places. 4. The learned counsel for the petitioner has submitted that the petitioner has already been detained behind the bars for last 22 days and considering the period of detention, he may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Mangaldoi P.S. Case No. 63/2025 and has submitted that the investigation has fairly progressed and the statements of the first informant as well as the witnesses are recorded by the Investigating Officer. 6. Considering the progress in the investigation as well as period of detention already undergone by the petitioner, further custodial detention of the petitioner does not appear to be necessary, if he cooperates in the investigation. 7.
In view of the above, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Mangaldai, Darrang with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating
Page No.# 3/3 Officer; (ii) That the petitioner shall co-operate in the investigation;
8. This bail application is accordingly disposed of. 9. Send back the case diary. JUDGE Comparing Assistant