Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 15004 (GAU)

SHARIFUL ISLAM KHAN ALIAS SORIFUL ISLAM KHAN v. THE STATE OF ASSAM

Bail Appln./2093/2025 · 2025-06-24

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010139872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2093/2025 SHARIFUL ISLAM KHAN ALIAS SORIFUL ISLAM KHAN S/O ABU BAKKAR SIDDIQUE R/O VILL- HATIJANA,P.S. HOWLY, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.06.2025 1. Heard learned counsel Mr. M. Khan for the petitioner Shariful Islam @Soriful Islam Khan who has filed this application under section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 15.06.2025 in connection with Manikpur P.S. Case No. 59/2025 under Sections 334(1)/305 of the BNS with Page No.# 2/3 added Sections 61(2)/317(2)/317(4)/317(5)/112/238(e) of the BNS. 2. Heard learned Additional Public Prosecutor, Mr. B. Sharma for the respondent State. 3. Learned Additional Public Prosecutor has raised serious objection stating that the petitioner is a history sheeter and he works in league with a network of similar miscreants who are attuned to purchasing gold and some other miscreants who regularly purchase stolen gold and sell the gold. It is submitted that the petitioner will continue with his illegal activities if he is enlarged on bail and deterrence is the need of the hour. 4. The FIR unfolds that on 29.05.2025 at about 9:30 a.m., the informant noticed that some miscreants have broken into their house and committed theft of gold chain, gold neckpiece, gold bangles, gold earrings and cash of Rs. 16 lacs. 5. I have considered the submissions at the Bar with circumspection. 6. The petitioner has prayed for bail on the ground of parity as a similarly circumstanced accused has been granted bail in connection with B.A. No. 2062/2025 vide order dated 24.06.2025 passed by this Court. 7. The petitioner is willing to abide by any stringent bail conditions if imposed upon him. 8. Learned Additional Public Prosecutor has submitted that some higher sections have also been added and the petitioner is not entitled to bail on the ground of parity. 9. After considering the submission of the petitioner, it appears that further custodial detention may not be required. Page No.# 3/3 10. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- with a local surety of like amount to the satisfaction of the learned CJM, Bongaigaon 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 on every fortnight till completion of investigation, and (iii) The petitioner shall not tamper with the evidence. 11. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 12. This application stands disposed of. JUDGE Comparing Assistant