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2025 DAILYLAW 27087 (GAU)

TAMCHAR ALI v. THE STATE OF ASSAM

Bail Appln./3999/2025 · 2025-12-10

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010275212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3999/2025 TAMCHAR ALI S/O SARBAT ALI, RESIDENT OF VILLAGE ROWMARI PATHAR, PS TARABARI, DIST BARPETA, ASSAM 781312 VERSUS THE STATE OF ASSAM REP. BY PP ASSAM Advocate for the Petitioner : J U AHMED, MR. R K MUSHAHARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 11.12.2025 Heard Mr. J. U. Ahmed, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 praying Page No.# 2/3 for bail to the petitioner, viz., Tamchar Ali in connection with Gorchuk P.S. Case No.306/2025 registered under Sections 303(2)/317(2) of the BNS, 2023. The petitioner has been arrested on 19.11.2025 and since then he has been in custody. The allegation against the petitioner, as reflected in the notice under Section 47 of the BNSS, is that one of the stolen cylinders was allegedly bought by the petitioner from one of the persons who were accused of having stolen the cylinders. The learned counsel for the petitioner has submitted that the petitioner has been arrested on 19.11.2025 and the notice under Section 47 of the BNSS is devoid of any date raising doubts on the date on which it was supplied to the petitioner. The learned Addl. P.P. has objected to the prayer for bail by stating that the matter is still under investigation and releasing the petitioner at this point of time may hamper the investigation. We have gone through the records available and find that the petitioner has been in incarceration from 19.11.2025. The forwarding report does not reflect as to how the arresting authority seeks to substantiate the involvement of the petitioner for his continued detention. This is only a prima-facie view on the materials available on record. In view of the aforesaid facts and circumstances of this case, this Court is of the opinion that the petitioner should be allowed the privilege Page No.# 3/3 of bail as prayed for. Accordingly, the petitioner is directed to be released on bail on furnishing a bail bond of Rs.10,000/- with a surety of like nature to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) subject to the following conditions :- (1) That the petitioner shall cooperate with the investigation and shall appear before the I.O. as and when called for. (2) That the petitioner shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (3) That the petitioner shall not commit any offence while on bail. The Bail Application stands disposed of. JUDGE Comparing Assistant