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2025 DAILYLAW 16922 (GAU)

JAMAL UDDIN SHEIKH @ JAMAL UDDIN SK v. THE STATE OF ASSAM

Bail Appln./2509/2025 · 2025-08-26

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010169362025 2025:GAU-AS:11427 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2509/2025 JAMAL UDDIN SHEIKH @ JAMAL UDDIN SK S/O- ABDUL KADAR SK. VILL.- SHIMULTAPU BLOCK, P.S.- GOSSAIGAON, DIST.- KOKRAJHAR, ASSAM, PIN - 783361. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP. ASSAM Advocate for the Petitioner : A W AMAN, S. DAS,MD A RAHMAN,MS SURAYA RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.08.2025 Heard Mr. Sarfraz Nawaz, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in respect of the accused Page No.# 2/2 namely Jamal Uddin Sheikh @Jamal Uddin Sk., in connection with Gossaigaon P.S. Case No. 91/2025 under sections 61(2)/ 318(4)/ 316(2)/ 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 25(1-A) of the Arms Act. 3. The petitioner is under detention since 05.07.2025. As per the prosecution the allegation against the accused person is that he is involved in sale of fake gold by cheating gullible villagers. Certain recoveries of cash, motorcycle etc. has also been made. 4. It is submitted by the learned Addl. Public Prosecutor that there are incriminating material against the accused person. However, having regard to the period of detention of 53 days, the statutory period in respect of the alleged offence being 60 days, and also having regard to the progress of the investigation as revealed by the CD, further detention of the accused person is not warranted. 5. Accordingly, the prayer of the bail is allowed. The accused abovenamed shall be released on bail of Rs. 50,000/- with 2 local sureties of the like amount in connection with the aforesaid case to the satisfaction of learned S.D.J.M(M), Gossaigaon. 6. This bail is granted on the condition that the accused person shall not try to influence the witnesses or temper with the evidence and also co-operate with the investigation as and when necessary. JUDGE Comparing Assistant