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2025 DAILYLAW 22228 (GAU)

SAIFUL ISLAM v. THE STATE OF ASSAM

Bail Appln./3933/2024 · 2025-01-07

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010275182024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3933/2024 SAIFUL ISLAM S/O SUMAR ALI R/O VILL- BARALPARA P.S. KHARUPETIA DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A ALI, MS K TAYE,MS. M KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 08.01.2025 1. Heard Mr. A. Ali, learned counsel for the petitioner Saiful Islam. 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3 12.11.2024 in connection with Kharupetia P.S. Case No. 123/2024 under Sections 191(2)/191(3)/190/329)3)/117(2)/1178(20/109/326(J)/324(4) of the BNS. 3. Heard Mr. P. S. Laskar, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioner is that he along with his family members attacked Abu Hanifa and caused grievous injuries on his person. 5. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner. 6. I have scrutinized the Case Diary. The victim has indeed sustained grievous injuries caused by sharp weapon as well as by blunt weapon. 7. Investigation has progressed substantially. The petitioner iswilling to cooperate with the remaining part of investigation. The petitioner is a local resident and he is not a flight risk. 8. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Darrang, Mangaldoi under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) The petitioner shall not exercise threats to Page No.# 3/3 the witnesses and maintain the peace, and (iv) The petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the Jurisdictional Court/Elaka Magistrate is at liberty to cancel the bail granted to the petitioners. 10. In terms of the above observation, bail application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant