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2025 DAILYLAW 24441 (GAU)

TAFFAZUL ALI AND ANR v. THE STATE OF ASSAM

Bail Appln./3845/2025 · 2025-11-30

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/4 GAHC010259662025 2025:GAU-AS:16371 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3845/2025 TAFFAZUL ALI AND ANR SON OF AMIR ALI VILL- DUMURIA PART-I, P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM 2: TOIBAR ALI SON OF AMIR ALI VILL- DUMURIA PART-I P.S. ABHAYAPURI DIST. BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M AHMED, P. GHOSH,B DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.12.2025 1. Heard Mr. A.M Ahmed, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 BNSS, seeking bail of the petitioners, namely, 1. Taffazul Ali, 2. Toibar Ali, who were arrested on 09.10.2025 in connection with Bongaigaon P.S. Case No. 252/2025 under Sections 331(4)/305(a)/112(2) of BNS,2023. 3. One person namely Bhaskar Jyoti Singha, S/O Lt. Majedra Kumar Singha lodged an FIR with the Bongaigaon Police Station alleging inter-alia that on 28- 09-2025 at around approx 1:40 AM, some unknown miscreants broke into his shop namely M/s M.S. Infotech, located at Main Road Near AGP Office Bongaigaon Assam 783380 and had stolen Mobile Phones 4,13,798.64/- (Including GST), Television 15450/-(Including GST), Laptop 79,375/-(Including GST), Accessories 5090/-(Including GST), Cash Rs. 5000 approx. Total approximate value of stolen goods is Rs.5,18,713.64/-. After receiving the FIR the Officer-in-Charge of Bongaigaon Police Station registered the FIR vide Bongaigaon P.S. case No. 252/2025 under section 31(4)/305(a)/112(2) of BNS and started investigation. Page No.# 3/4 4. It is submitted by learned counsel that the petitioners have spent 54 days behind the custody and items have also been recovered and hence prayer for bail may be considered. 5. On the other hand learned Addl. P.P with reference to the case diary submits that the present petitioners are the purchasers of the stolen items and the same were recovered from them and the value of items amount to Rs. 05,18,713.64/. 6. Considering the period of detention of 54 days and also the fact that the stolen items have been recovered. Therefore, further detention of the petitioners is not considered necessary. 7. Accordingly, the above-named petitioners are allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the learned CJM, Bongaigaon with following conditions: i) That the petitioners shall not hamper with the investigation, or tamper with the evidence of the case; ii) That the petitioners 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. iii) That the petitioners shall not commit any offence while on bail; Page No.# 4/4 8. Violation of bail conditions might entail cancellation of the bail. 9. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant