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2025 DAILYLAW 15633 (GAU)

MAMSADUL HOQUE v. THE STATE OF ASSAM

Bail Appln./2196/2025 · 2025-07-23

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010149952025 2025:GAU-AS:9506 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2196/2025 MAMSADUL HOQUE S/O MAINUL HOQUE VILL- BORBHETI P.S. NAGAON SADAR, P.O. KACHMARI PIN- 782002, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, MS A HUSSAIN,MR. R ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 24-07-2025 Heard Mr. J. Ahmed, 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 Bongaigaon P.S. Case No. 163/2025, under Sections 318(2)/112 of the BNS, Page No.# 2/3 2023. Case Diary is produced before the Court. Perused the same. It is submitted by Mr. Ahmed, learned counsel that the present petitioner got arrested in this case on 30.06.2025 and since then, he is in custody. The I.O. got the opportunity to interrogate the present petitioner thoroughly, keeping him in custody and hence, further custodial interrogation of the petitioner may not be required for further investigation of the case. However, he admitted that the mobile number which was mentioned in the FIR belongs to him but no money was misappropriated though Face Book advertisement. The petitioner is ready and willing to cooperate with the I.O. for further investigation of the case, if he is granted with the privilege of bail. Mr. Borthakur, learned Additional Public Prosecutor submitted in this regard that the present accused petitioner is fully involved in the alleged offence and he used his mobile number to commit the offence by organizing the lottery competition in the name of one Rasigaon Yuva Club and even provided the OR Code. Some of the co-accused persons of the case are yet to be arrested in this case and the investigation is still under process. Mr. Borthakur, learned Addl. PP raised objection and submitted that the accused petitioner may not be released on bail at this stage. Considering the submissions made by the learned counsel for both sides and considering the materials in the case diary and 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. Page No.# 3/3 Accordingly, it is provided that on furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand) only with one surety of like amount to the satisfaction of the learned CJM, Bongaigaon, the accused/petitioner, namely, Mamsadul Hoque 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 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, Bongaigaon, without prior permission. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant