SAMIM AHMED ALIAS SHAMIM UDDIN ALIAS MOHAMMAD SHAMIM UDDIN v. THE STATE OF ASSAM
Bail Appln./2441/2025 · 2025-09-02
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16677 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16677 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010165652025
2025:GAU-AS:11906
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2441/2025 SAMIM AHMED ALIAS SHAMIM UDDIN ALIAS MOHAMMAD SHAMIM UDDIN S/O FAYZUL HOQUE R/O BAGARSANGON P.S. PATHARKANDI DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MRS. S D CHOUDHURY, MR. S MUNIR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 03.09.2025
1. Heard Mr. S. Munir learned counsel for the petitioner namely, Samim Ahmed @ Shamim Uddin @ Mohammad Shamim Uddin who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he
Page No.# 2/3 is behind bars since 20.07.2025 in connection with Patharkandi Police Station Case No. 47/2025 under Section 61(2)/140(1) of the BNS, 2023. 2. Heard Mr. P. S. Lahkar, learned Additional Public Prosecutor, for the respondent State. 3. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. 4. It is submitted that investigation may be adversely affected if the petitioner is admitted to bail. 5. I have considered the submissions at the Bar. 6. The FIR unfolds that the victims namely Sri Alal Uddin and Sri Faij Uddin were kidnapped on 08.02.2025. The informant learned on 12.02.2025 that the kidnapped victims were confined at Sonamura, in Tripura. 7. The petitioner is involved in kidnapping the victims and demanding Rs. 10,00,000/- as ransom for their release. 8. Learned Additional Public Prosecutor has submitted that the victims were also subjected to torture and harassment by the petitioner. 9. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. 10. I have considered the length of detention.Investigation has also progressed substantially. 11. I have considered the submissions that the petitioner is willing to abide by any stringent bail conditions if imposed upon him. Page No.# 3/3
12. Considering all aspects, petition is allowed.
The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Sribhumi under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer every fortnight till completion of investigation, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 13. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 14. In terms of the above observation, this application stands disposed of. 15. Send back the Case Diary. JUDGE Comparing Assistant