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2025 DAILYLAW 20001 (GAU)

REJAUL ALI v. THE STATE OF ASSAM

Bail Appln./3210/2025 · 2025-10-21

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010220862025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3210/2025 REJAUL ALI SON OF LATE MAFIZ ALI, RESIDENT OF BARNI, PS HAJO, DISTRICT KAMRUP (RURAL), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S M MOLLAH, MR. D N AMIN Advocate for the Respondent : PP, ASSAM, MS S ABDULLAH (INFORMANT),MR. S HAQUE (INFORMANT),MS F HUSSAIN (INFORMANT) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 22.10.2025 Heard Mr. S.M. Mollah, 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, Rejaul Ali, has prayed for bail in connection with Hajo P.S. Case No. 357/2025, registered under Section 77/79/351(2) of BNS, 2023 r/w Section 67(a) of Information Technology Act, 2000. 3. It has been submitted by the learned counsel for the petitioner that the petitioner has been detained in judicial custody since 23.08.2025 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 the case diary was received on the last date and today he has received instruction that the investigation is not yet completed. In the meantime, the petitioner has completed the applicable statutory period of 60 days in under trial detention. 5. Considering the nature of the penal provisions, the petitioner has become entitled to default bail. 6. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Hajo P.S. Case No. 357/2025, registered under Section 77/79/351(2) of BNS, 2023 r/w Section 67(a) of Information Technology Act, 2000, on furnishing bail bond of Rs.30,000/- 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. Page No.# 3/3 8. Violation or breach of any condition(s) shall entail cancellation of bail. 9. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant