Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010168342025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2480/2025 MOZID MONDAL AND ANR SON OF KANCHU MONDAL VILL- BOYZERALGA PART-III P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI, ASSAM PIN-783348 2: ABDUR RAHIM MONDAL SON OF KANCHU MONDAL VILL- BOYZERALGA PART-III P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Page No.# 2/3 22.09.2025
1. Heard Mr. M. Hussain, learned counsel appearing for the accused petitioners as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, Mozid Mondal and Abdur Rahim Mondal, praying for grant of bail in connection with Bilasipara P.S. Case No.203/2025 under Sections 310(2) of the BNS Act. 3. The allegation in the ejahar dated 25.06.2025 pertains to dacoity in the house of the informant and looting valuables at around 3 am. 4. The petitioner No.1 is stated to be a cultivator and petitioner No.2 is stated to be a teacher of Madrassa. The case diary has been produced before the Court. 5. Mr. P. Borthakur, learned Additional Public Prosecutor submits that mobile tower analysis implicate certain persons including petitioner No.2. However, he fairly submits that the alleged stolen property had not yet been recovered from these petitioners. 6. I have perused the case diary. On perusal of case diary, it appears that as per mobile tower analysis done by the police, four persons named therein the FIR were found to be present at the scene of crime on 25.06.2025 and their mobile phone was also switch off at 8.30 am. It is also stated that recovery of some materials like khukri from the house of those named persons match with the description given by the victim. However, name of the petitioner No.1 is not in the list with regard to mobile tower location and also recovery of suspected
Page No.# 3/3 material. The accused petitioners are in custody since 81 days. 7. Accordingly, it is provided that the accused petitioner No.1, namely, Mozid Mondal, shall be released on bail of Rs.30,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioner No.1: (a) shall render co-operation to the remaining investigation. (b) shall not intimate or influence witnesses. (c) shall not hamper or tamper with the evidence
8. Violation of any of the bail conditions shall entails cancellation of bail. 9.
However, with regard to the accused petitioner No.2, namely, Abdur Rahim Mondal, considering the incriminating materials and the fact that the investigation is still in progress, including the fingerprint analysis - despite the length of detention his bail prayer is rejected at this stage. 10. Accordingly, this bail application stands partly allowed and
disposed of.
11. Return the case diary.
JUDGE Comparing Assistant