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2025 DAILYLAW 16028 (GAU)

MUKSEDUL SIDDIQUE v. THE STATE OF ASSAM AND ANR

Bail Appln./2313/2025 · 2025-09-04

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010155042025 2025:GAU-AS:12140 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2313/2025 MUKSEDUL SIDDIQUE S/O- ABU BAKKER SIDDIQUE, VILL.- MULBARI, P.O.- MADRASSA PARA, P.S.- MERER CHAR, DIST.- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:AKBAR ALI BHUYAN. S/O- LATE ABED ALI BHUYAN. VILL.- BALARPET P.S.- ABHAYAPURI DIST.- BONGAIGAON PIN-783384 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A T SARKAR,S. SAHA,S R DAS Advocate for the Respondent : PP, ASSAM, MR. I HUSSAIN(R-2),MR N JAMAL(R-2),MR A K AZAD (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 05.09.2025 1. Heard Mr. H.R.A. Choudhury, the learned Senior Counsel, assisted by Page No.# 2/2 Mr. A.T. Sarkar, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam and Mr. A.K. Azad, the learned counsel for the respondent No. 2. 2. The learned Additional Public Prosecutor submits that though the Case Diary was called for, however, in the meanwhile, charge sheet has been laid bearing charge sheet No. 135/2025 dated 27.07.2025. Since this Court is of the considered opinion that after laying of the charge sheet, the Trial Court is the best Court to consider bail at the first instance and since there is no embargo on the Trial Court being the Court of the learned Special Judge, to consider the application for bail and grant the bail, if it deems fit to do so. 3. This bail application is disposed of with an observation that the petitioner may approach the Trial Court and may pray for regular bail before the said Court, if so advised. JUDGE Comparing Assistant