Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2460/2025 ABU HANIF CHOUDHURY S/O- MOINUL HOQUE CHOUDHURY.
R/O- VILL.- LALA PART-I, P.S.- LALA, DIST.- HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. A. MEDHI, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.08.2025
1. Heard Ms. A. Medhi, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.
2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Abu Hanif Choudhury, who has been detained behind the bars since 06.06.2025 (for last 60 days) in connection with CID P.S. Case No. 4/2025 under Sections 61(2)/318(4)/336(3)/340(2) of BNS.
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3. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for last 60 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 which he has already been completed today.
4. The learned Additional Public Prosecutor has produced the case diary of CID P.S. Case No. 4/2025 and has submitted that the maximum statutory period of detention for which the petitioner can be detained is sixty days only and he has already completed the same.
5. Considering the submissions made by the learned counsel for both sides that the petitioner has completed the statutory period of detention as provided under Section 487 of BNS, 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.
7. Send back the case diary.
JUDGE Comparing Assistant