Page No.# 1/4 GAHC010269832024 2025:GAU-AS:284 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3881/2024 MD MAHIRUDDIN ALIAS MOHIR UDDIN ALIAS MOHIR ALI S/O. MD. ASURUDDIN @ ASOR UDDIN, R/O. VILL.- NO. 1 KACHUTOLI, P/S. SONAPUR, DIST. KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. Advocate for the Petitioner : MR. S HAQUE, MD IMRAN,MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 08.01.2025 Heard Mr. S M Abdullah, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Md. Mahiruddin @ Mohir Uddin @ Mohir Ali, son of Md. Asuruddin @ Asor Uddin, resident of village- No. 1 Kachutoli, Police Station-Sonapur, District-Kamrup(Metro) is praying for his bail in Guwahati GRPS Case No. 197/2024, registered under Sections 189(2)/189(4)/329(3)/ 191(2)/191(3)/132/117(2)/125 BNS, 2023 read with Section 3 of Prevention of Damage to Public Property Act, 1984 read with Sections 152/153/174 of the Railways Act, corresponding to G.R. No. 5498/2024, wherein, he was arrested on 05.10.2024 and is in custody since then. 3. As per the FIR dated 16.09.2024, the case is that on 12.09.2024 at about 04:04 PM in the evening the O/C, GHTY GRPS & GRP Control through phone informed that a group of unlawful people/encroachers who were protesting in the Kachutoli village of Sonapur area wherein eviction drive was going on, came to the railway track armed with dangerous weapons, obstructed the movement of the trains and attacked the police personnel and people of the administration by pelting stones causing grievous injuries. As a result, many trains were confined at Chaparmukh, Jagiroad and Barahu Railway Stations. 4. Accordingly, said FIR dated 16.09.2024 was registered as Guwahati GRPS Case No. 197/2024 under Sections 189(2)/189(4)/329(3)/191(2)/ 191(3)/132/117(2)/125 BNS, 2023 read with Section 3 of Prevention of Damage to Public Property Act, 1984 read with Sections 152/153/174 of the Railways Act and the petitioner along with other accused persons were taken into custody on 05.10.2024. 5. Case diary is placed before the Court today by Mr. K K Parashar, learned Additional Public Prosecutor, Assam. 6. Considering his length of detention in custody since 05.10.2024, the petitioner has filed this bail application seeking his bail in said Guwahati GRPS Case No. 197/2024. Page No.# 3/4 7. On being enquired, Mr. K K Parashar, learned Additional Public Prosecutor, Assam, on instruction, submitted that charge-sheet has not been filed in the said case till date. 8. Considering the length of detention of the petitioner in custody since 05.10.2024, it is found that the petitioner is in custody for 95 days, as on today. Thereby, the petitioner has completed the mandatory period of detention, whereas, the State/prosecution has failed to submit the charge-sheet within the statutory time limit as prescribed by the relevant laws in force. 9. Hence, considering the same, the petitioner, named above, is entitled for his default bail in said Guwahati GRPS Case No. 197/2024. 10. Accordingly, the petitioner, namely, Md. Mahiruddin @ Mohir Uddin @ Mohir Ali, be granted default bail in said Guwahati GRPS Case No. 197/2024 on furnishing a bail bond of Rs. 50,000/-, with 2(two) local sureties, each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), subject to the conditions that the petitioner, named above — i) shall appear before the concerned Investigating Officer of said Guwahati GRPS Case No. 197/2024, as and when he is required for necessary investigation of the case; ii) shall not leave the territorial jurisdiction of Guwahati GRPS without obtaining prior written permission from the Investigating Officer of said Guwahati GRPS Case; iii) shall not hamper with the investigation, or tamper with the evidence of the case; iv) 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 them from disclosing such facts to the Court or to any police officer and; v) shall not involve himself in any criminal activities in the future. 11. 11. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Md. Mahiruddin @ Mohir Uddin @ Mohir Ali, the bail granted to him in said Guwahati GRPS Page No.# 4/4 Case No. 197/2024 shall stand automatically vacated. 12. This bail application accordingly stands allowed. 13. Return the case diary herewith. JUDGE Comparing Assistant