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2025 DAILYLAW 19480 (GAU)

SAREFUL AHMED v. THE STATE OF ASSAM

Bail Appln./3044/2025 · 2025-09-18

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010210362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3044/2025 SAREFUL AHMED S/O- SAHAR ALI, R/O- KHEPKHUCHI, PO- MAHAJAN PARA, PS BAIHATA CHARIALI, DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 19.09.2025 Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Sareful Page No.# 2/3 Ahmed, has prayed for bail in connection with Panbazar P.S. Case No. 259/2025 under Section 103(1)/118(2)/3(5) of BNS, 2023. 3. The case arose out of an FIR dated 08.08.2025 lodged by a police official with allegation about finding an injured person who was taken hospital and subsequently dead. It is also alleged that another injured person found in that area and he was also hospitalized. It is also alleged that in the early hours, these victims were assaulted by some shopkeepers of that area suspecting them of theft. Nine persons have been named as accused/suspects including the present petitioner. 4. The learned counsel for the petitioner submits that the petitioner was initially taken in police remand and examined but subsequently police did not seek for police remand. It is also submitted that the petitioner has been in undertrial detention since 09.08.2025. 5. Learned Additional Public Prosecutor for the State has raised objection against the prayer of the petitioner. 6. I have seen reasonable progress in the investigation. Further, considering the length of detention, he can be released on bail at this stage, subject to conditions. 7. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Panbazar P.S. Case No. 259/2025 under Section 103(1)/118(2)/3(5) of BNS, 2023, on furnishing bail bond of Rs.25,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 8. The direction for bail is further subject to the following conditions: (a) That the petitioner render full cooperation in the remaining investigation and shall be available for trial if one commences; and Page No.# 3/3 (b) That the petitioner shall not hamper or tamper with evidence. 9. Violation or breach of any condition(s) shall entail cancellation of bail. 10. With the above observations, this bail petition stands allowed and disposed of accordingly. 11. Return back the case diary. JUDGE Comparing Assistant