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2025 DAILYLAW 25459 (GAU)

SAHJAHAN ALI v. THE STATE OF ASSAM

Bail Appln./3298/2025 · 2025-10-31

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010226362025 2025:GAU-AS:14765 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3298/2025 SAHJAHAN ALI S/O SAHAR ALI VILL- BHELENGIMARI (BARAMARA) P.S. BHANGNAMARI, P.O. BHANGNAMARI, DIST NALBARI, ASSAM, PIN-781126 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 01.11.2025 Heard Mr. B. Chowdhury, learned counsel for the petitioner and also heard Mr. B. Sharma, learned Addl. P.P. for the State. 2. This application has been preferred praying for bail for the petitioner who Page No.# 2/3 is in detention in connection with Bhangnamari P.S. Case No. 06/2024 and presently Sessions Case No. 23/2025 pending before the Court of District & Sessions Judge, Nalbari. It appears that the petitioner was granted pre-arrest bail by this Court in connection with the aforesaid case vide order dated 03.09.2024 in AB No. 1462/2024. 3. Thereafter the petitioner appeared before the learned Addl, CJM, Nalbari on 10.01.2025 and on that date he was granted Court bail. Subsequently, he failed to appear on the date fixed, the reason being that he was arrested in connection with Bhangnamari P.S. Case No. 06/2024 and was lodged in District jail, Nalbari. 4. The learned Addl. CJM, Nalbari vide order dated 19.02.2025 issued production warrant against the petitioner and the petitioner was produced on 06.03.2025 before the learned Addl. CJM, Nalbari. The learned Addl.CJM, Nalbari observed that considering all it is found that the conduct of the accused is not satisfactory and hence he is arrested in the case and thereafter he was remanded to custody. However nothing specific regarding the conduct of the petitioner is mentioned in the aforesaid order. 5. What appears from the above is that the petitioner could not appear before the learned Addl. CJM, Nalbari inasmuch as, he was in custody in connection with another case i.e. Bhangnamari P.S. Case No. 06/2024. Nothing else is available on record with regard to the conduct of the petitioner which compelled the Court to sent him to the custody despite pre-arrest bail having been granted by this Court vide order dated 03.09.2024. 6. Having regard to the above, the prayer for bail is allowed. 7. Accordingly, it is provided that the accused petitioner, Sahjahan Ali, shall be Page No.# 3/3 released on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of learned Sessions Judge, Nalbari in connection with the aforesaid case subject to the following condition- 8. The direction for bail is further subject to the conditions: (a) That the accused person shall be available for remaining trial; (b) That the accused person shall not try to influence the witnesses. 9. Accordingly, the bail petition is disposed of. JUDGE Comparing Assistant