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2025 DAILYLAW 20134 (GAU)

MAHARUM ALI ALIAS MOHON DAS AND ANR v. THE STATE OF ASSAM AND ANR

Bail Appln./3292/2025 · 2025-10-22

N Unni Krishnan Nair

body2025

Judgment text

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Page No.# 1/3 GAHC010224002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3292/2025 MAHARUM ALI ALIAS MOHON DAS AND ANR S/O LATE NAJIB ALI, R/O VILLAGE BAGHOR GAON, P.S. BOKO, DISTRICT KAMRUP, ASSAM. 2: ANJALI KAIBARTA C/O PRAHLAD KAIBARTA W/O MAHARUM ALI R/O VILLAGE MAKELI P.S. BOKO DISTRICT KAMRUP ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM. 2:NIPAN KHAKHALARY PRESIDENT GOALPARA DISTRICT COMMITTEE ALL BODO STUDENTS UNION S/O RAJA KHAKHALARY R/O VILLAGE KUSHDHOWA P.S. RANGJULI DISTRICT GOALPARA ASSAM Advocate for the Petitioner : MR. S R ISLAM, MR. O FARUK,MR. M. ALOM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 23/10/2025 Heard Mr. S R Islam, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. 2. The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been instituted praying for grant of regular bail to the petitioners, (1) Maharum Ali @ Mohon Das and (2) Anjali Kaibarta, in connection with Dhupdhara P.S. Case No. 37/2025 corresponding to G.R. No. 589/2025 registered under Sections 137(2)/143(5)/111 of BNS, 2023 read with Section 6 of POCSO Act, read with Sections 3/4/5 of Immoral Traffic Prevention Act, 1956. 3. The petitioners, herein, were placed under detention on 25.07.2025 in connection with Dhupdhara P.S. Case No. 37/2025. The petitioners have completed 90 days in detention as on date. 4. Accordingly, the petitioners are entitled to default bail. 5. In view of the above position, the petitioners, (1) Maharum Ali @ Mohon Das and (2) Anjali Kaibarta, are hereby enlarged on regular bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each, along with two sureties each of the like amount to the satisfaction of the learned Special Judge, Goalpara, subject to the following conditions:- (1) The petitioners, herein shall appear before the Investigating Officer as and when called for, for the purpose of investigation of the case; (2) The petitioners, herein, shall not leave the jurisdiction of the Court of the learned Special Judge, Goalpara, without prior permission; (3) The petitioners, herein, shall not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case so as to Page No.# 3/3 dissuade them from disclosing the facts to the Investigating Officer/Court; 6. With the above observations and directions, this bail application stands disposed of. JUDGE Comparing Assistant