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2025 DAILYLAW 19037 (GAU)

ABDUS SALAM MONDAL @ ABDUL SALAM MONDAL AND ANR. v. THE STATE OF ASSAM

Bail Appln./3012/2025 · 2025-09-24

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010204112025 2025:GAU-AS:13339 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3012/2025 ABDUS SALAM MONDAL @ ABDUL SALAM MONDAL AND ANR. S/O GONI MONDAL VILL- KANAIMARA PT II, PS SOUTH SALMARA, DIST SOUTH SALMARA MANKACHAR, ASSAM 2: AMIR HAMZA S/O ABDUL SALAM MONDAL VILL-KANAIMARA PT II PS SOUTH SALMARA DIST SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S U AHMED, A R MONDAL Advocate for the Respondent : PP, ASSAM, K RAHMAN (INFORMANT),MR J RAHMAN(INFORMANT) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 25.09.2025 Heard Mr. S.U. Ahmed, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. P.P. appearing for the State respondents and Mr. J. Rahman, learned counsel for the informant. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused/petitioners, namely, Abdus Salam Mondal @ Abdul Salam Mondal and Amir Hamza, praying for grant of bail in connection with South Salmara P.S. Case No. 88/2025 under Sections 190/191(2)/191(3) / 329(1)/118(2)/109(1)/3(5) of BNS, 2023. 3. The gist of the allegations in the FIR is about a fight and attacked by a group of persons named in the FIR and causing of serious injury. The present accused persons were arrested on 03.08.2025. 4. The learned counsel for the petitioner fairly submits that it is a case of marpit prima facie and from the side of accused persons also one FIR was lodged on the next date, whereupon from the informant side, one person was arrested but later he was released on bail. The said fact of release is also confirmed by the learned counsel for the informant, who however opposes the grant of bail. 5. The case diary has been received and on the basis of the same, the learned Addl. P.P. Mr. D.P. Goswami submits that indeed a case of fight between Page No.# 3/4 two groups of persons and injuries by sustained perhaps from both sides. 6. The learned counsel for the informant has produced this Court some photographs supposedly of the injured persons of the informant side, which indicates serious injury. 7. Mr. S.U. Ahmed, learned counsel for the petitioner submits that some persons from the side of the accused/petitioners also sustained serious injury and they were admitted in Goalpara hospital. He fairly submits that he is seeking bail mainly on the ground of length of detention. 8. There is reasonable good progress in the investigation and also in the given circumstances, considering the length of detention also, the accused/petitioners herein are allowed to go on bail of Rs. 25,000/- each with one surety of like amount to the satisfaction of the concerned learned Court and subject to the conditions that:- (i) They shall co-operate with the remaining part of the investigation. (ii) They shall not hamper or tamper with evidence of the case. (iii) They shall not intimidate or harass or threaten the informant. 9. In case of violation of the bail conditions, the prosecution or informant side shall be at liberty to file an application for cancellation of bail. 10. This bail application stands disposed of accordingly. 11. Send back the case diary. JUDGE Page No.# 4/4 Comparing Assistant