Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010257122025
2025:GAU-AS:17002
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3735/2025 AKRAM ALI S/O AKKES ALI R/O VILL- KANHARA P.S GORIMARI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 09-12-2025 Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Das, learned Addl. P.P for the State. This application has been filed under section 483 of BNSS, 2023 praying for release of the petitioner on bail in connection with Goroimari P.S Case No. 100/2025 u/s 303(2)318(4)/112(2) of BNS, 2023 wherein he was shown
Page No.# 2/3 arrested. The allegation in the FIR reveals that a raid was conducted in the godown of the petitioner who was shown to be involved in cattle smuggled activities and during the raid, a total number of 97 bags of suspected smuggle betel nuts weight about 3880 Kg were recovered from the godown. During the course of the operation, the family members were asked to produce valid documents or papers related to the possession and transported of the betel nuts. However, no such document was produced. The recovered betel nuts was seized and the petitioner was shown arrested in the present case as he was already in custody with regard to the case relating to allegation of cattle smuggling activities. The learned counsel for the petitioner has submitted that since the petitioner was already behind bars, he could not produce at that point of time the relevant documents regarding the manner in which he came to be in possession of betel nuts seized by the Police. However, such receipts of the betel nuts have now being placed before this Court along with the bail application. He has therefore prayed that since the betel nuts are accounted for, the same are not smuggled in any manner and therefore, the petitioner may be granted the privilege of bail at this stage. The learned Addl. P.P has objected to the prayer of the petitioner for bail and has submitted that the investigation is still on and therefore, there is an apprehension that the petitioner may tamper or hamper the evidence of the Trial.
We have considered the submission at the bar and also gone through the contents of the bail petition. The learned Addl. P.P has also produced the CD. In the given facts and circumstances involved, this Court is of the opinion
Page No.# 3/3 that the petitioner may be granted the privilege of bail so that he may produce all necessary documents before the Investigating Authority to prove the manner in which the suspected betel nuts had come into his possession. Therefore, this Court directs the petitioner be released on bail by executing a bail bond of Rs. 15,000/- with two local surety of like amount to the satisfaction of learned CJM Amingaon Kamrup subject to the following conditions that the petitioner; i) shall co-operate with the remaining investigation ii) shall not hamper or tamper with the evidence. The petitioner shall produce all relevant documents before the I.O with regard to the seizure made within a period of 15 days from the date on his release on bail. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant