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2025 DAILYLAW 18505 (GAU)

MD BABUL HUSSAIN ALIAS SRI BABUL HUSSAIN v. THE STATE OF ASSAM

Bail Appln./2825/2025 · 2025-09-07

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010195902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2825/2025 MD BABUL HUSSAIN ALIAS SRI BABUL HUSSAIN S/O ABDUL BAREK R/O VILL- KADAMDOLI, KAHIKUCHI, P.S.KHETRI DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A A MONDAL, MR. S UDDIN,MR A ALAM,MR R A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 08.09.2025 Heard Mr. A.Alam, learned counsel for the petitioner. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Page No.# 2/3 Sanhita, 2023, the accused petitioner namely, Md. Babul Hussain @ Babul Hussain, has prayed for bail in connection with Khetri P.S. Case No. 61/2025, registered under Section 406/420 of IPC. 3. It has been submitted by the learned counsel for the petitioner that the petitioner has been detained in judicial custody for more than 60 days and investigation has not yet been completed during the statutory period prescribed thereof and as such, the petitioner is entitled for default bail. 4. Mr. Barthakur, learned Additional Public Prosecutor for the State submits that investigation is not yet completed and as on today, the petitioner has completed 61 days in under trial detention. 5. Considering the nature of the penal provisions under Sections 406 and 420 of the IPC, the applicable statutory period is 60 days. Hence, the petitioner has become entitled to default bail. 6. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Khetri P.S. Case No. 61/2025, registered under Section 406/420 of IPC, on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 7. The direction for bail is further subject to the conditions: (a) That the petitioner shall be available for trial in the event of charge sheet being filed and trial commencing against him; and (b) That the petitioner shall not hamper or tamper with evidence. 8. Violation or breach of any condition(s) shall entail cancellation of bail. 9. With the above observations, this bail petition stands allowed and Page No.# 3/3 disposed of accordingly. JUDGE Comparing Assistant