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2025 DAILYLAW 17184 (GAU)

SANOWAR HUSSAIN v. THE STATE OF ASSAM

Bail Appln./2562/2025 · 2025-08-10

Mitali Thakuria

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010174362025 2025:GAU-AS:10522 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2562/2025 SANOWAR HUSSAIN SON OF LATE ABDUL LATIF, R/O VILLAGE AND P./O. NALIGAON, P.S. SARTHEBARI, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, R KHA,MR. S M RAHMAN,MS. P AHMED,N. UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 11.08.2025. Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State respondent. Page No.# 2/3 This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Sanowar Hussain, in connection with Tezpur P.S. Case No. 360/2025, under Sections 316(3)/318(4) of the BNS, 2023. It is submitted by Mr. M.I. Hussain, learned counsel for the petitioner that the accused petitioner is in the custody since 59 days and considering his length of detention, he may be released on bail. In that context, Mr. P. Borthakur, learned Additional Public Prosecutor, Assam submitted that from the report of the I.O., it has been learnt that the case is not yet charge sheeted. In view of this, without going detail into the merit of the case, considering his length of detention already undergone by the accused petitioner, I find it a fit case to extend the privilege of bail to the accused petitioner. Accordingly, it is provided that on furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur at Tezpur, the accused petitioner, namely, Sanowar Hussain be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Page No.# 3/3 Chief Judicial Magistrate, Sonitpur at Tezpur, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant