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2025 DAILYLAW 19422 (GAU)

MD. SHAH JAMAL @ CHAH JAMAL ALI v. THE STATE OF ASSAM

Bail Appln./3087/2025 · 2025-09-17

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010211122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3087/2025 MD. SHAH JAMAL @ CHAH JAMAL ALI S/OLT. ABDUL KHALEK, RESIDENT OF VILL- NO. 2 ADAVETI, P.O. TEWARIPAL, P.S. SOOTEA, DIST. BISWANATH, ASSAM, PIN-784175 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S MUKTAR, MD. A HAKIM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18.09.2025 1. Heard Mr. S Muktar, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the petitioner in connection with Sootea P.S. Case No. Page No.# 2/3 46/2025 under Sections 318(4)/317(4)/316(2)/3(5) of the BNS, 2023 and G.R No. 241/2025. 3. The allegations against the petitioner, briefly put, is that he took a vehicle from the complainant on higher purchase. Failing to pay the installments, he handed over the same to a 3rd person by executing a notarized agreement dated 19.09.2024. Subsequently, the 3rd party failed to pay the installments because of which the petitioner also lodged an FIR against him. However, subsequently, the vehicle has been recovered and the process of handing it over to the complainant is underway. In the meantime, the petitioner has already spent 46 (forty-six) days in custody. 4. Considering nature of the allegations, further detention of the petitioner is not considered necessary. Accordingly, the prayer for bail is granted on furnishing a bail bond of Rs. 20,000/- with 2(two) sureties of the like amount to the satisfaction of Ld. C.J.M, Biswanath Chariali under the following conditions : (i) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioner shall not leave his place of residence without the permission of Ld. C.J.M, Biswanath Chariali. 5. In view of the above, the petition stands disposed of. Page No.# 3/3 JUDGE Comparing Assistant