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2025 DAILYLAW 15607 (GAU)

MASUD AZAHAR ALIAS MASUM AZAHAR v. THE STATE OF ASSAM

Bail Appln./2179/2025 · 2025-07-23

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010148862025 2025:GAU-AS:9501 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2179/2025 MASUD AZAHAR ALIAS MASUM AZAHAR SON OF SIRAJUL ISLAM R/O VILL- SAPATKARA P.O. SERUAATI BAZAR, P.S. KHATOWAL, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A ALI, MS K TAYE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 24-07-2025 Heard Mr. T. K. Bhuyan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Page No.# 2/3 Khatowal P.S. Case No. 16/2025, under Sections 152/196/299/353(1)(c) of the BNS, 2023. Case Diary is produced before the Court. Perused the same. It is submitted by Mr. Bhuyan, learned counsel for the petitioner, that the present petitioner got arrested in connection with the case on 27.04.2025 and inspite of lapse of statutory period of 90 days, the I.O. could not file the Charge- Sheet and the present petitioner is accordingly entitled for default bail. Mr. Borthakur, learned Additional Public Prosecutor, submitted in this regard that on enquiry made by him, it is reported by the I.O. that the Charge- Sheet is still pending and not yet filed by the I.O. even after lapse of 90 days. Considering the submissions made by the learned counsel for both sides and also considering the fact that the I.O. failed to file the Charge Sheet within the stipulated period, without going into the detail of the merit of the case, only considering the length of detention undergone by the petitioner, I find it a fit case to extent the privilege of bail to the accused/petitioner. Accordingly, it is provided that on furnishing a bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of the learned CJM, Nagaon, the accused/petitioner, namely, Masud Azahar @ Masum Azahar 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 called for; (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 Page No.# 3/3 him/her 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 CJM, Nagaon, without prior permission. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant