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2025 DAILYLAW 16720 (GAU)

JAKARIA AHMED v. THE STATE OF ASSAM

Bail Appln./2531/2025 · 2025-08-12

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010166282025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2531/2025 JAKARIA AHMED SON OF LATE ROIS ALI PERMANENT RESIDENT OF VILL- CHENGJUR, P.S. PATHARKANDI, DIST. SRIBHUMI, ASSAM, PRESENTLY RESIDING AT HOUSE NO. 1, B/LANE NO. 3, PRAGATI PATH, HATIGAON, BISHNUJYOTI PATH, P.S. HATIGAON, GUWAHATI, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED, A RAHMAN,MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.08.2025 1. Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Jakaria Ahmed, who has been detained behind the bars since 16.06.2025 (for last 58 days) in connection with CID P.S. Case No. 4/2025 under Sections 61(2)/318(4)/336(3)/340(2) of BNS. Page No.# 2/2 3. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for last 58 days and all the offences involved in this case entails maximum punishment upto seven years only in which case the petitioner can be detained behind the bars during investigation only for sixty days. 4. On the other hand, learned Additional Public Prosecutor has submitted that though the case diary has been sent by the Investigating Officer, same has not yet been received in the Office of the learned Public Prosecutor. However, he submits that the maximum statutory period of detention for which the petitioner can be detained behind the bars during investigation in this case is sixty days only. 5. Considering the submissions made by the learned counsel for both sides that the petitioner has completed 58 days of detention. As the maximum period of detention as provided under Section 487 of BNS is 60 days only, the petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 6. This bail application is accordingly disposed of. JUDGE Comparing Assistant