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2025 DAILYLAW 14756 (GAU)

MOHIDUL ISLAM ALIAS MAYDUL ALI v. THE STATE OF ASSAM

Bail Appln./2022/2025 · 2025-06-19

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010135602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2022/2025 MOHIDUL ISLAM ALIAS MAYDUL ALI S/O LATE SAMAD ALI R/O VILL- CHOUTARA P.O. TOPARPATHAR P.S. CHHAYGAON (GOROIMARI) DIST. KAMRUP, ASSAM, PIN-781137 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B K SEN, P SINGH,N HASAN,F. SHAHIN,MR A HUSSAIN,MR F HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.06.2025 1. Heard Mr. B. K. Sen learned counsel for the petitioner Mohidul Islam @Maydul Ali. Page No.# 2/3 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 16.05.2025 in connection with Boko Road Police Station Case No. 157/2025 under Sections 61(2) (a)/140(2) of the BNS. 3. Heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the respondent State. 4. The FIR unfolds that on 16.05.2025 at about 2:30 p.m., the petitioner along with the co-accused went to the informant’s house and informed that her son has met with an accident at Choutara Bazar and he is undergoing treatment in the hospital and asked her to pay Rs. 2000/- for her son’s treatment. Thereafter, the petitioner confined the informant in his house and demanded Rs. 50,000/- as ransom for her release. The Chamaria Police rescued the informant. 5. It is submitted on behalf of the petitioner that this is not a case under Section 140(2) of the BNS but a case of confinement. 6. Learned Additional Public Prosecutor has raised serious objection stating that this is an offence of kidnapping and abducting for ransom and the petitioner is not entitled to bail as investigation may be adversely affected if the petitioner is released on bail. 7. I have considered the submissions at the Bar with circumspection. 8. I have considered the submission that the petitioner is willing to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 9. Considering all aspects, petition is allowed. The petitioner shall be 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 JMFC, Boko Page No.# 3/3 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 every fortnight till completion of investigation, (iii) The petitioner shall not exercise threats to the witnesses, and (iv) The petitioner shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 11. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant