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2025 DAILYLAW 28188 (GAU)

AKTAR ALI ALIAS PETLA v. THE STATE OF ASSAM

Bail Appln./3438/2025 · 2025-11-05

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010234402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3438/2025 AKTAR ALI ALIAS PETLA SON OF LATE RAHIM ALI RESIDENT OF HOUSE NO. 29, BEHARBARI, KALIMANDIR PATH, P.S. BASISTHA, GUWAHATI DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 06.11.2025 Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Aktar Ali @ Petla, has prayed for bail in connection with Basistha P.S. Case No. 395/2025 Page No.# 2/3 under Section 118(2)/109/3(5) of BNS, 2023. 3. The accused is stated to have been arrested on 07.08.2025. 4. The case diary was called again in the subsequent bail petition. An earlier bail petition was rejected by this Court on 10-09-2025 after perusal of case diary. 5. It is revealed that investigation is not yet complete and in the meantime, the accused petitioner has completed 91 days with the applicable statutory period being 90 days. Considering the said aspect of the matter and also the length of detention, I am of the considered view that the petitioner needs to be released on bail at this stage. 6. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Basistha P.S. Case No. 395/2025 under Section 118(2)/109/3(5) of BNS, 2023, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 7. The direction for bail is further subject to the following conditions: (a) That the petitioner shall be available for remaining investigation; (b) That the petitioner shall be available for trial, if one commences against him; (c) That the petitioner shall not hamper or tamper with evidence; (d) That the petitioner shall not threaten, harm or harass any witnesses or the informant side; and Page No.# 3/3 (e) That the petitioner shall also not try to influence any witnesses. 8. Violation or breach of any condition(s) shall entail cancellation of bail. 9. With the above observations, this bail petition stands allowed and disposed of accordingly. 10. Send back the case dairy. JUDGE Comparing Assistant