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2025 DAILYLAW 22451 (GAU)

SIRAJUL HOQUE AND 2 ORS v. THE STATE OF ASSAM

Bail Appln./18/2025 · 2025-01-09

N Unni Krishnan Nair

body2025

Judgment text

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Page No.# 1/3 GAHC010279672024 2025:GAU-AS:383 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./18/2025 SIRAJUL HOQUE AND 2 ORS S/O ABDUL MAJID R/O VILL- BAHALAMUKH W/NO. 10, P.S. MOIRABARI, DIST. MORIGAON, ASSAM, PIN-782126 2: MD. SEKABOR ALI @ SEKBOR ALI S/O ABDUL MAJID R/O VILL- BAHALAMUKH W/NO. 10 P.S. MOIRABARI DIST. MORIGAON ASSAM PIN-782126 3: NAJIRUL HOQUE S/O ABDUL MAJID R/O VILL- BAHALAMUKH W/NO. 10 P.S. MOIRABARI DIST. MORIGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 10.01.2025 Heard Mr. M. A. Sheikh, learned counsel for the accused applicants. Also heard Mr. R. R. Kaushik, learned Addl. Public Prosecutor for the State respondents. The present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been instituted praying for grant of regular bail to the accused applicants, who were arrested on 15.10.2024 in connection with Moirabari P.S. Case No. 156/2024, under Sections 103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023. The Case Diary has been furnished before this Court. On perusal of the Case Diary as well as on examining the materials brought on record and also considering the length of detention and the progress made in the investigation, this Court is of the considered view that the accused applicants are entitled to be enlarged on regular bail. Accordingly, the accused applicants are directed to be enlarged on bail on furnishing a bond of Rs. 30,000/-(Thirty thousand only) each with sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Morigaon, subject to the following conditions:- (i) That the accused applicants shall continue to make themselves available for interrogation by the Investing Officer Page No.# 3/3 as and when required; (ii) That the accused applicants 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. (iii) that the accused applicants shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Morigaon, without prior permission. With the above observations and directions, the bail application stands disposed of. JUDGE Comparing Assistant