Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010164222025
2025:GAU-AS:10161
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2416/2025 MD. LOKMAN HUSSAIN @ BABLU R/O- FULKUMARI, P.S.- BONGAIGAON, DIST.- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 05-08-2025
Heard Mr. A.K. Azad, the learned counsel for the petitioner and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/3
2. This is an application u/s 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting regular bail to the accused/petitioner who is arrested on 16.07.2025 in connection with Abhayapuri P.S. Case No. 167/2025 u/s 61(2)/318(4)/308(2) of BNSS, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Azad that the present accused/petitioner is innocent and he has not committed any such offence as alleged in the FIR. Further, he submitted that from the present FIR itself it is seen that the earlier case was lodged against one Kuddus Ali and one Dilbar Ali and said Dilbar Ali is his own father. Thus, it cannot be a case that in the name of settlement of the case against them they will demand money against their own father. More so, the petitioner is in custody since last 20 days and considering his length of detention he may be released on bal. He will extend his cooperation in further investigation of this case, if he is granted with privilege of regular bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there is involvement of the present accused/petitioner and one audio clip is also recorded by the informant. Further, he submitted that one of the co-accused has also admitted the demand of money from the two accused/persons who were forwarded in connection with Abhayapuri P.S. Case No. 140/2025. Thus, Mr. Borthakur submitted that there are incriminating materials against the present petitioner and that apart from the materials available in the Case Diary it also reveals that in some earlier occasion these petitioner also involved in demanding money in the name of settlement of the case. 6. Considering the entire submissions made by learned counsel for both sides,
Page No.# 3/3 materials in the Case Diary and all aspects of the case, I find that further custodial interrogation may not be necessary for further investigation of this case and extend the privilege of bail to the petitioner. 7. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs.
20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned SDJM, North Salmara, Abhayapuri. The accused/petitioner, namely, Md. Lokman Hussain @ Bablu be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall appear before the SDJM, North Salmara, Abhayapuri on each and every date. (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the
facts of the case so as to dissuade him/them 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 SDJM, North Salmara, Abhayapuri without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant