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2025 DAILYLAW 26162 (GAU)

ZAMIRUL HOQUE v. THE STATE OF ASSAM

Bail Appln./4123/2025 · 2025-12-17

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010283372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4123/2025 ZAMIRUL HOQUE S/O SAHABUDDIN AHMED RESIDENT OF VILL- LAKHIMAR PT.III, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18.12.2025 Heard Mr. K. Boruah, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for Page No.# 2/3 granting bail to the accused-applicant in connection with Kokrajhar P.S. Case No. 268/2025, registered under sections 319(2)/318(4)/49 of the BNS, 2023. 3. The gist of the allegation made in the FIR dated 04.12.2025, is that when the police was conducting NAKA checking duty, the police intercepted one Tata Punch vehicle, wherein, a CID sticker was pasted on it’s windshield. On enquiry, it was revealed that the vehicle’s owner was Zamirul Haque, someone working for the CID and he uses the sticker to avoid paying toll tax at toll gates. The police found the present accused-applicant inside the vehicle and, on suspicion, he was arrested on the very same date i.e. on 14.12.2025 and since then he is behind the bar. 4. The learned counsel for the accused-applicant submits that the accused-applicant is not involved in any criminal activity as alleged in the FIR and he travelled with the owner of the vehicle, namely, Zamirul Haque. Further, it is submitted that the accused- applicant has been detained in judicial custody for last 14 days and therefore, looking into the allegation in the FIR, his further custodial detention may not be required at this stage. 5. On the other hand, the learned Addl. P.P. has opposed the prayer of granting bail to the accused-applicant and submits that Case Diary be called for at this stage. 6. This Court has gone through the materials available on record and also heard the submissions of the learned counsel for the respective parties. 7. Considering all the aspects, this Court is of the considered opinion that this is a fit case, wherein, the accused-applicant should be granted bail in connection with Kokrajhar P.S. Case No. 268/2025, registered under sections 319(2)/318(4)/49 of the BNS, 2023. Accordingly, the accused-applicant is directed to be released on bail forthwith on furnishing of bail bond of Rs. 20,000/- (Rupees Twenty Thousand), with a surety of like nature to the satisfaction of the learned CJM, Kokrajhar, subject to the following conditions: - Page No.# 3/3 (1) That the accused-applicant shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case. (2) The accused-applicant shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. 8. Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant