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2025 DAILYLAW 17892 (GAU)

MD HASSAN ALI ALIAS MD HASAN ALI v. THE STATE OF ASSAM

Bail Appln./2705/2025 · 2025-09-07

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010185192025 2025:GAU-AS:12195 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2705/2025 MD HASSAN ALI ALIAS MD HASAN ALI S/OLATE SIDDIQUE ALI R/O VILL- SANTIPUR MASJID GALI P.S. BHARALUMUKH DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S H RAHMAN, MR. M S MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 08.09.2025 Heard Mr. S.H. Rahman, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. Page No.# 2/4 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, 1. Md. Hassan Ali @ Md. Hasan Ali, seeking bail in connection with Bharalumukh P.S Case No. 118/2025 under Sections 117(3)/109(1)/351(3)/3(5) of BNS, 2023. 3. The case arose out of an ejahar lodged by Dipali Biswas, on 31.07.2025 against the present accused and his wife. 4. The gist of allegations is that the present accused person instigated by the co-accused assaulted the informant’s husband causing injuries including injuries on the head due to which he is undergoing treatment in Marwari Maternity Hospital. It is alleged that the prior to the incident, the present accused came to their house and assaulted her over a reason of her 5 year old child picking up a broken kite from their rooftop. Based on the ejahar, investigation started and the accused was arrested on 31.07.2025. 5. Case diary as called for has been received. 6. The learned Additional Public Prosecutor for the State submits that there are implications against the present accused though there is progress in the investigation and has objected to the grant of bail at this stage. 7. Medical report is available and though the nature of the injury has not been categorized in the said report, however, from the description of the same (Haemorrhage etc), it appears to be grievous. 8. I have seen the progress of investigation. The statements of the Page No.# 3/4 witnesses have been recorded including that of the arrested accused. Though the nature of the allegations is of the serious and investigation has also implicated the present accused – however, considering the progress of the investigation and the length of the detention, I deem it fit to grant bail to the accused at this stage. 9. Accordingly, the above-named accused is allowed to go on bail of Rs.25,000/- (Rupees Twenty Five Thousand) only with one surety of like amount subject to the satisfaction of the concerned learned court with following conditions: (i) That the accused shall cooperate with the investigation and shall not intimidate or harass the informant or her family; (ii) That the accused 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; (iii) That the accused shall not commit any offence while on bail. (iv) That the accused shall not hamper or tamper with the evidence. 10. Violation of bail conditions might entail cancellation of the bail. 11. Return back the case diary. Page No.# 4/4 12. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant