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2025 DAILYLAW 26900 (GAU)

ASIR UDDIN @ ASIRUDIN AND ANR v. THE STATE OF ASSAM

Bail Appln./3676/2025 · 2025-11-13

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010249632025 2025:GAU-AS:15427 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3676/2025 ASIR UDDIN @ ASIRUDIN AND ANR S/O- HAZARAT ALI, VILL.- PAHARSINGPARA, P.S- MORNOI, DIST.- GOALPARA, ASSAM 2: MULLAKCHAND ALI @ MULLUK CHAN ALI S/O- SUKUR ALI R/O- VILL.- PAHARSINGPARA P.S.- MORNOI DIST.- GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,P. AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 14.11.2025 1. Heard Mr. M.I. Hussain, learned counsel for the petitioners and also heard Mr. D. P. Goswami, learned Addl. P.P for the State. Page No.# 2/3 2. This application has been filed under Section 483 BNSS, seeking bail of the petitioner, namely, 1.Asir Uddin @ Asiruddin 2. Mullakchand Ali @ Mulluk chan Ali, who were arrested on 08.10.2025 in connection with Bongaigaon P.S. Case No. 252/2025 under Sections 331(4)/305(a)/112(2) of BNS,2023. 3. One person namely Bhaskar Jyoti Singha, S/O Lt. Majedra Kumar Singha lodged an FIR with the Bongaigaon Police Station alleging inter-alia that on 28- 09-2025 at around approx 1:40 AM, some unknown miscreants broke into his shop namely M/s M.S. Infotech, located at Main Road Near AGP Office Bongaigaon Assam 783380 and had stolen Mobile Phones 4,13,798.64/- (Including GST), Television 15450/-(Including GST), Laptop 79,375/-(Including GST), Accessories 5090/-(Including GST), Cash Rs. 5000 approx. Total approximate value of stolen goods is 5,18,713.64/- After receiving the FIR the Officer-in-Charge of Bongaigaon Police Station registered the FIR vide Bongaigaon P.S. case No. 252/2025 under section 31(4)/305(a)/112(2) of BNS and started investigation. 4. It is submitted by learned counsel for the petitioners that the petitioners have spent 38 days behind the custody and items have also been recovered and hence prayer for bail may be considered. 5. Per contra, learned Addl. P.P. upon perusal of the case diary submits that the petitioners are the main perpetrators of the theft and their presence at P.O. is also confirmed by the Tower Dump Data and the value of the stolen goods amounts to about Rs. 5,18,713.64/- 6. Considering the incriminating material available in the case diary and the gravity of the offence, the prayer for bail stands rejected. Page No.# 3/3 7. Send back the case diary. JUDGE Comparing Assistant