Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010164022025
2025:GAU-AS:9788
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2395/2025 SOFIQUL ALI ALIAS GORIA S/O KARIM BADSA VILL- 5 NO. BASHBARI P.S. MANIKPUR DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, MR. N ISLAM,MR S ISLAM,R KHA,N.
UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 30-07-2025 Heard Mr. M. I. Hussain, learned counsel for the petitioner and Ms. S. H. Borah, 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 Manikpur P.S. Case No. 59/2025 under Sections 334(1)/305 with added Sections 61(2)/317(2)/317(4)/317(5)/112/238(c). It is submitted by Mr. Hussain, learned counsel that the present petitioner is innocent and he has been arrested in connection with this case only on suspicion. The stolen articles have also been recovered from other co-accused persons and there is sufficient progress in the investigation and hence, further custodial interrogation of the petitioner is not required for the purpose of investigation of the case. He further submitted that some of the co-accused persons have already been enlarged on bail and considering the case of the petitioner in the same footing, he may also be granted with the privilege of bail. Ms. Borah, learned Additional Public Prosecutor submitted that the present accused petitioner is the prime accused, who committed the theft and hence, perusal of the case diary will be required to know the involvement of the petitioner in the alleged crime. Considered the submissions made by the learned counsel for both sides and also considered the case record wherefrom, from the forwarding report it is seen that the present accused petitioner was arrested only on suspicion that he committed theft on the night of the incident. Therefore, without going into the detail of the merit of the case and 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, the accused/petitioner, namely, Sofiqul Ali @ Goria, be released on bail 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,
Page No.# 3/3 Bongaigaon.
The accused/petitioner, namely, Sofiqul Ali @ Goria be enlarged on bail, subject to the following conditions:- (I) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (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. With the above observation and direction, this bail application stands
disposed of.
JUDGE Comparing Assistant