Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 13349 (GAU)

SIDDIK ALI ALIAS SIDDIQUE ALI v. THE STATE OF ASSAM

Bail Appln./1809/2025 · 2025-07-14

Mitali Thakuria

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010115872025 2025:GAU-AS:9123 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1809/2025 SIDDIK ALI ALIAS SIDDIQUE ALI S/O LATE HASEN ALI R/O VILL- DAUHATI HABI P.S.JAGIROAD DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. J ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 15.07.2025 Heard Mr. S. M. Abdullah P., learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Sonapur P.S. Case No. 79/2025, under Section 61(2)/318(4)/316(2)/303(2)/ 317(2)/317(4) of BNS, 2023. Case Diary has been received and I have perused the same. It is submitted by Mr. Abdullah, learned counsel for the petitioner, that the present accused/petitioner is the President of the Goshala and he is not at all involved in other activities of the Goshala as everything is run by his Secretary. He further submitted that the Sections under which the case is registered are all 60 days offence except Section 317(4) of BNS, but the said Section also does not attract against the present petitioner as there is no allegation that the cattle, which were in custody of the Goshala, were the stolen cattle. He further submitted that the present accused/petitioner is in custody for last 74 days and hence, considering his length of detention, he may be enlarged on bail. However, he is ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of bail. Mr. Borthakur, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner in the Case Diary. He was the President of the Goshala wherein 54 numbers of cows were in the custody of Goshala and all those cattle were sold to other persons and till date, the cattle were not recovered by the Investigating Agency. He accordingly raised objection and submitted that the bail prayer for the present petitioner may not be considered at this stage. Page No.# 3/4 Considering the submissions made by the learned counsel for both sides, without going into the detail of the merit of case and only considering the length of detention already undergone by the accused/petitioner, I am of the view that the I.O. has got ample opportunity to interrogate the accused/ petitioner keeping him in custody and accordingly, further custodial detention of the accused/petitioner seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- (Rupees twenty thousand) only with 1 (one) surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), the accused/petitioner, namely, Siddik Ali @ Siddique Ali, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kamrup(M), without prior permission. Page No.# 4/4 In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant