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2025 DAILYLAW 16592 (GAU)

HASEM ALI v. THE STATE OF ASSAM

Bail Appln./2417/2025 · 2025-08-04

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010164252025 2025:GAU-AS:10162 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2417/2025 HASEM ALI S/O- LATE AZGOR ALI. R/O- VILL.- BAMUNTILA, P.S.- ABHAYAPURI, DIST.- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTEDE 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 a false and concocted FIR has been lodged against the present accused/petitioner who is no way involved in the present case. He further submitted that as per the FIR, the present petitioner and the co-accused has demanded money for settlement of the case from the two accused-persons who were forwarded in Abhayapuri P.S. Case No. 140/2025 and out of the two accused/persons one of the accused/person is the father of the co-accused Loknath Hussain. More so, the petitioner is in custody since last 20 days and considering his length of detention, he may be released on bail. 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 an involvement of the present accused/petitioner. 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 this 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, 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. Page No.# 3/3 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, Hasem Ali 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