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2025 DAILYLAW 21934 (GAU)

NUR ALOM v. THE STATE OF ASSAM

Bail Appln./3874/2024 · 2025-01-29

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010268762024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3874/2024 NUR ALOM S/O LATE ABDUL MALEK R/O VILL- MENDHIRJHAR, W/NO. 6, P.S. BILASIPARA, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. S NAZNEEN, MR. J ISLAM,R ISLAM,MR Z ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 30-01-2025 Heard Mr. Z. Alom, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. PP for the State respondent. This is an application under Section 483 BNSS., seeking bail by the petitioner namely Nur Alom in connection with Sapatgram P.S. Case No. 58/2024 under Sections 61(2)/ 119(1)/ 311/ Page No.# 2/3 109 of BNS read with Sections 25(1-A)/ 27 of the Arms Act. The learned counsel for the petitioner has submitted that the petitioner has been detained in custody for last 33 days since the date of his arrest on 28.11.2024 and he is in no way involved with the alleged offence. His name is also not mentioned in the FIR. On the date of incident, some miscreants have committed dacoity, fired on the uncle of the informant, causing injury on his stomach and leg. The petitioner was not present on the spot. He was arrested purely on suspicion. In view of the above, petitioner may be enlarged on bail. The learned Additional Public Prosecutor has produced the case diary and submitted that though the present accused/ petitioner is involved in connection with some other cases but in the present case his involvement is not reflected in the case diary. The learned Addl. PP has fairly submitted that the petitioner may be enlarged on bail. In view of the submission of learned counsel for the parties and on perusal of the case diary, this court is inclined to grant bail to the petitioner. It is directed that the accused/ petitioner shall be released on furnishing a bond of Rs.,50,000/- (Rupees fifty thousand) with one suitable surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bilasipara in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused-petitioner: (a) shall not leave the territorial jurisdiction of the learned Sub-Divisional Judicial Magistrate, Bilasipara without prior written permission from him/ her. (b) shall not hamper with the investigation and tamper with the evidence of the case; and (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Page No.# 3/3 Return the case diary. JUDGE Comparing Assistant