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2025 DAILYLAW 19355 (GAU)

SHAHJAHAN BADSHAH AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./3029/2025 · 2025-09-21

Pranjal Das

body2025

Judgment text

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Page No.# 1/4 GAHC010209352025 2025:GAU-AS:13095 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3029/2025 SHAHJAHAN BADSHAH AND 2 ORS. S/O SOYUDUR RAHMAN RESIDENT OF VILL- GOTABARI, NEAR JOLDUBA L.P. SCHOOL, P.S. SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM 2: JAHANGIR BADSHAH S/O SOYUDUR RAHMAN RESIDENT OF VILL- GOTABARI NEAR JOLDUBA L.P. SCHOOL P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR ASSAM 3: ALAM BADSHAH S/O SOYUDUR RAHMAN RESIDENT OF VILL- GOTABARI NEAR JOLDUBA L.P. SCHOOL P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR S PRODHANI,MR Z RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 22.09.2025 1. Heard Mr. N.J. Dutta, learned counsel assisted by Mr. S. Prodhani, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for grant of regular bail to the accused/petitioners, namely, 1. Shahjahan Badshah, 2. Jahangir Badshah and 3. Alam Badshah, who stated to have been arrested on 31.08.2025 in connection with Satgaon P.S. Case No. 157/2025, under Sections 305 of the BNS, 2023 (corresponding to GR Case No. 4246/2025). 3. The case out of an ejahar dated 24.08.2025 with the allegations that on the said date, due to taking advantage of non- availability of members of the members of the family in the house, unknown miscreants broke in to the house and stole belongings and valuables including a gas cylinder. The accused persons were stated to have been arrested during investigation and as per the forwarding report, stolen property was purchased by these accused persons and were recovered from them. 4. The case diary has been placed before the Court along with the relevant portions flagged. Page No.# 3/4 5. I have perused the relevant portions of the case diary. There appears to be significant materials against the main accused prima- facie about involvement in the house trepass and theft in question. He is not one of the petitioners herein. 6. The main materials against the present accused persons are that they purchased the stolen properties which were recovered from their house. The statements of all the three persons are on similar lines in which they have stated that they purchased some articles at cheap price without ascertaining as to whether the items were stolen or not. There is some progress in the investigation but the same is continuing. 7. In the circumstances, perhaps, these three accused persons can be enlarged on bail at this stage, though they were arrested on 31.08.2025, subject to suitable conditions. 8. Accordingly, the above-named accused petitioners are allowed to go on bail of Rs.25,000/- (Rupees Twenty Five Thousand) only each with one surety each of like amount subject to the satisfaction of the concerned learned court with following conditions: (i) That the accused persons shall render co-operation to the remaining investigation; (ii) That the accused persons shall not commit any offences or indulge in illegal activities; (iii) That the accused persons shall not hamper or tamper with evidence. (iv) That the accused persons shall not abscond Page No.# 4/4 9. Violation of bail conditions might entail cancellation of the bail. 10. Return back the case diary. 11. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant