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2025 DAILYLAW 16199 (GAU)

NASIR UDDIN v. THE STATE OF ASSAM

Bail Appln./2317/2025 · 2025-08-26

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010169362025 2025:GAU-AS:11427 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2317/2025 NASIR UDDIN S/O- ABDUL SAMAD @ MD. ABDUL SAMAD. R/O- KUTUBPUR FATEHPUR P.O.- ISLAMGAON P.S.- BIHPURIA DIST.- LAKHIMPUR ASSAM PIN- 787054. 2: SHORIFUL ISLAM @ SHWARIFUL ISLAM S/O- SUKUR ALI. R/O- NO.2 SONAPUR ISLAMPUR P.O.- BONGALMARA P.S.- BIHPURIA DIST.- LAKHIMPUR ASSAM PIN- 787054. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : A W AMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.08.2025 Heard Mr. Sarfraz Nawaz, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in respect of the accused/petitioners namely Nasir Uddin and Shoriful Islam @Shwariful Islam, in connection with Gossaigaon P.S. Case No. 91/2025 under sections 61(2)/ 318(4)/ 316(2)/ 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 25(1-A) of the Arms Act. 3. The petitioners are under detention since 07.07.2025 and 10.07.2025 respectively. As per the prosecution, the allegation against the accused persons is that they are involved in sale of fake gold by cheating gullible villagers. Certain recoveries of cash, motorcycle etc. has also been made. 4. It is submitted by the learned Addl. Public Prosecutor that there are incriminating material against the accused persons. However, having regard to the period of detention of 51 days and 48 respectively, the statutory period in respect of the alleged offence being 60 days, and also having regard to the progress of the investigation as revealed by the CD, further detention of the accused person is not warranted. 5. Accordingly, the prayer of the bail is allowed. The accused Page No.# 3/3 abovenamed shall be released on bail of Rs. 50,000/- with 2 local sureties of the like amount in connection with the aforesaid case to the satisfaction of learned S.D.J.M(M), Gossaigaon. 6. This bail is granted on the condition that the accused persons shall not try to influence the witnesses or temper with the evidence and also co-operate with the investigation as and when necessary. JUDGE Comparing Assistant