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2025 DAILYLAW 12012 (GAU)

MURLIDHAR SUMITH PILLAI AND ANR. v. THE STATE OF ASSAM

Bail Appln./1574/2025 · 2025-05-25

Mridul Kumar Kalita

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010096982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1574/2025 MURLIDHAR SUMITH PILLAI AND ANR. S/O M. BABU PILLAI ADDRESS- PLOT NO. 144/3, VIP NAGAR, RISALI CIVIC CENTRE,BHILAI, DURG,CHHATTISGARH, 491001. 2: ENJAMUL HOQUE S/O SHAMSUL HOQUE R/O VILL- SHOWPUR KALGACHIA P.S.KALGACHIA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD B ISLAM, MR. S UDDIN,J ABBASI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 26.05.2025 1. Heard Mr. B. Islam, the learned counsel for the petitioners. Also heard Page No.# 2/3 Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Murlidhar Sumith Pillai, and (2) Enjamul Hoque, who has been detained behind the bars since 17.03.2025 (for last 71 days) in connection with Chandmari Police Station Case No. 0071/2025 under Sections 61(2)/316(2)/318(4)/319(2)/336 of the BNS, 2023. 3. The learned counsel for the petitioners has submitted that the petitioners are innocent and have been languishing behind the bars for the last 65 days. 4. On the other hand, the learned Additional Public Prosecutor has submitted that in view of the fact that the offences involved in this case entails punishment not more than 10 years. Therefore, under Section 487 (3) (ii) of BNSS, 2023, the petitioners have already completed the statutory period of detention. Hence, he does not have any objection if they are allowed to go on bail. 5. He also has produced the case diary of Chandmari Police Station Case No. 0071/2025, considering the fact that the petitioners have already completed the period of detention for which they can be kept behind the bars under Section 487 (3) (ii) of BNSS, 2023. The learned Additional Public Prosecutor has submitted that there are sufficient incriminating materials in the case dairy. 6. In view of above discussion, the above-named petitioners are allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup subject to the following conditions: Page No.# 3/3 i. That the petitioners shall co-operate in the investigation. ii. That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person 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 Officer. 7. This bail application is, accordingly disposed of. 8. Send back the case diary. JUDGE Comparing Assistant