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2025 DAILYLAW 26061 (GAU)

NUR HUSSAIN ALIAS BABUL SONARI AND ANR v. THE STATE OF ASSAM

Bail Appln./3472/2025 · 2025-11-19

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010235452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3472/2025 NUR HUSSAIN ALIAS BABUL SONARI AND ANR S/O FAJLUR RAHMAN , R/O NO. 3 BORGHULI, PS ULUANI , DIST NAGAON, ASSAM 2: MD TAFAJUL HOQUE S/O LT SAMSUL HOQUE R/O NO 2 BORGHULI PS ULUANI DIST NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 20.11.2025 Heard Mr. S. M. Abduallh P., learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 paying for releasing on bail of the petitioners, namely; 1. Nur Hussain @ Babul Sonari, 2. Md. Tafajul Hoque, who were arrested on 01.09.2025 in connection with Dhekiajuli PS Case No. 237/2025, under Section 305/331(4)3(5) of BNS,2023. 3. As per the allegations in the FIR three unidentified miscreants broke into the of Sangsharee Kali Mandir at Dhekiajuli and stole valuable gold ornaments, cloths and cash and the value of such property has been as estimated as approximately Rs. 3,00,000/- and the incident which took place on the night of 28.08.2025 has been captured in the CCTV footage installed in the nearby building. 4. In course of investigation the present petitioners were arrested and the subsequently charge-sheet has already been submitted. It appears from the material on record that accused No.1 Nur Hussain @ Babul Sonari, was the purchaser of the stolen property and the other accused No.2 Tafajul Hoque provided shelter and logistical support to the co-accused. It is urged on behalf of the petitioner that they were not directly involved and learned counsel has laid stress on the period of detention of 82 days undergone by the petitioners and prays for bail. 5. On the other hand learned Addl. P.P submitted that charge-sheet has been submitted on the baits of sufficient incriminating material against the accused persons. 6. Having regard to the period of detention and completion of the investigation, further detention of the petitioners may not be warranted. Accordingly, the prayer for bail is allowed. Page No.# 3/3 7. It is provided that the accused petitioners, named above, shall be released on bail of Rs. 50,000/- each with two sureties each of the like amount, subject to the satisfaction of CJM, Sonitpur, Tezpur in connection with the aforesaid case. 8. It is further provided that the petitioners shall appear regularly at the trial and shall not try to influence or intimidate the witnesses in the case. 9. The bail application stands allowed and disposed of. JUDGE Comparing Assistant