Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010244222025
2025:GAU-AS:16726
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3629/2025 JAHANGIR ALI SON OF AMSER ALI, R/O PUB ELADI, P.S. SARTHEBARI, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 04-12-2025 Heard Mr. A. Paramanik, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Jahangir Ali, who has been arrested in connection with Sarthebari P.S. Case No. 65/2025 under Sections
Page No.# 2/3 331(4)/305/317(2) of the BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Paramanik, learned counsel that the petitioner is innocent and he has not committed any such offence, as alleged in the FIR. Further, the present accused petitioner is in custody since last 88 days and hence, considering his length of detention, he may be released on bail. 5. Further, he submitted that the present accused petitioner is a permanent resident of the address locality and he will appear before the I.O. as and when his cooperation will be required. 6. Mr. Sarma, learned Addl. PP submitted that on perusal of the case diary it is seen that there are sufficient incriminating materials against the present accused petitioner, who is the main kingpin of the entire case. Mr. Sarma, learned Addl. PP accordingly raised vehement objection and submitted that the present petitioner may be allowed to go on bail, at this stage. 7. Heard the submissions of learned counsel for both sides and I have also perused the case diary as well as the case record, wherefrom, it reveals that the bail applications of other co-accused of the case was earlier rejected considering the materials in case diary. Further, it is seen that the accused petitioner is in custody since last 88 days and on enquiry, it is submitted by Mr. Sarma, learned Addl. PP that there is less probability of submitting the charge sheet within the stipulated period. 8.
So considering all these aspects of the case and without going into the detail merit of the case and only considering the length of detention already undergone by the petitioner, I find that the I.O., got sufficient opportunity to interrogate the petitioner, keeping him in custody and hence, his further custodial interrogation may not be necessary for further investigation of the case and as such, I find it a fit case to grant the petitioner the privilege of bail. Page No.# 3/3
9. Accordingly, the accused/petitioner, namely, Jahangir Ali, be released on bail on furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Barpeta subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 10. With the above observation and direction, this bail application stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant