MD MOHIBUL ALI ALIAS MUHIBUL ALI v. THE STATE OF ASSAM
AB/2613/2025 · 2025-11-18
Anjan Moni Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26743 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26743 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010239312025
2025:GAU-AS:15700
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2613/2025 MD MOHIBUL ALI ALIAS MUHIBUL ALI SON OF PUTUL ALI, R/O RATANPUR, TILAK GAON, P.O. BHOJO, P.S.
SONARI, DISTRICT CHARAIDEO, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S R GOGOI, J SAIKIA,MS B DUTTA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 19-11-2025 Heard Mr. S. R. Gogoi, learned counsel for the accused applicant. Also heard Ms N. Das, learned Additional Public Prosecutor for the State.
2. This is an application filed under Section 482 of BNSS, 2023, praying for granting pre-arrest bail to the accused applicant in connection with
Page No.# 2/3 Sonari P.S. Case No. 88/2025, registered under Section 21(b)/27A/29 of the NDPS Act, 1985.
3. The allegation against the accused applicant is that the accused applicant is involved in financing of the drug so seized by the police from one co-accused, namely, Arun Boruah. The learned counsel appearing for the accused applicant submits that the accused applicant is, in fact, a person who is involved in business of buying and selling of cows and he is no way linked to the offences as alleged in the FIR. He submits that the main accused from whom the alleged contraband material was seized, namely, Arun Boruah has already been granted bail by the learned trial court vide order dated 07.11.2025. He further submits that, in fact, an application for bail submitted by the aforesaid Arun Boruah before the trial court, in a paragraph, a specific statement has been made to the effect that the accused applicant is, in fact, not involved in the instant case and he has been falsely implicated by the police for some grievance they carry for non-payment of certain demands made in the past by the police. In view of the aforesaid, the learned counsel for the accused applicant prays that the accused applicant should be released on bail and in the event of his release on bail, the accused applicant shall fully cooperate with investigation.
4. The learned Additional Public Prosecutor for the State, on the other hand, submits that there are materials found against the accused applicant in the case diary and she opposes granting of bail to the accused applicant.
Page No.# 3/3
5. This Court has gone through the case diary as well as the records brought before this Court. After hearing the submissions made by the
learned counsel for the respective parties, this Court is of the opinion that the case merits interference of this Court. Accordingly, it is directed that in the event of arrest of the accused applicant in connection with Sonari P.S. Case No. 88/2025, the accused applicant shall be released on bail on furnishing a bail bond of Rs.20,000/- with a surety of like nature to the satisfaction of the Investigating Authority in connection with Sonari P.S. Case No. 88/2025, subject to the following conditions: 1) That the accused applicant shall appear before the concerned Investigating Officer within a period of 10(ten) days of passing of this order; 2) That the accused applicant shall not hamper or temper with the evidence of the instant case in any manner; and 3) That the accused applicant shall fully cooperate with the investigation of the case by appearing before the I.O of the case, as and when called for by the I.O.
6. In view of the above aforesaid directions, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant