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2025 DAILYLAW 26276 (GAU)

MOIZUL HOQUE v. THE STATE OF ASSAM

Bail Appln./3919/2025 · 2025-12-07

Rajesh Mazumdar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010267762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3919/2025 MOIZUL HOQUE SON OF SAMSUL HAQUE RESIDENT OF VILL- KHANAMUKH P.O. CHARIDUAR,P.S. CHARIDUAR, DIST. SONITPUR, ASSAM, PIN CODE- 784101 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P NEOG, MS R SAHIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 08-12-2025 Heard Mr. P. Neog, learned counsel for the petitioner. Also heard Mr. K.K Parasar, learned Addl. P.P. appearing for the State respondents. This bail application has been filed since the petitioner has been detained in custody from 27.08.2025 on the basis of his production before the learned Trial Court on the strength of NBWA & P&A issued by the learned Trial Court. Page No.# 2/2 The petitioner had failed to put his appearance on 13.05.2025, 10.06.2025. 03.07.2025 & 31.07.2025. The learned counsel for the petitioner has submitted that during the investigation, the petitioner had been allowed to remain on bail and also during the Trial Court proceeding he was allowed to remain on previous bail. However, due to miscommunication with his advocate, the petitioner had remained absent on the dates aforementioned. The learned counsel for the petitioner has submitted that the petitioner undertakes to be present during all subsequent dates of the proceeding in the learned Trial Court d in the event he is allowed the privilege of bail. We have heard Mr. K. K Parasar, learned Addl. P.P appearing for the State. The learned Addl. P.P. has submitted that the sudden absence of the petitioner from the Trial Court does not inspire confidence and the bail application requested by the petitioner be rejected although the quantity involved is of intermediate quantity. Having considered the submissions of both the parties, this Court is of the considered opinion that since the petitioner had been attended the Court on all occasions prior to 13.05.2025 and had been participating in the Trial Court process, he may be granted the privilege of bail. Accordingly, the petitioner is granted bail on executing a bond of Rs. 25,000/- with one local surety to the like amount to the satisfaction of the learned Trial Court. The learned Trial Court may impose any other conditions necessary while releasing the petitioner on bail. Bail application stand disposed of. JUDGE Comparing Assistant