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2025 DAILYLAW 4563 (GAU)

Smti Wahida Begum v. The State of AP

BA/61/2025 · 2025-06-12

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC040008182025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/61/2025 Smti Wahida Begum Wife of Shri Rafik Ali, a permanent resident of Village Chukulibaria, PO and PS Lakhimpur, District North Lakhimpur, Assam and presently residing at Pakam II Village, PO and PS Aalo, West Siang District, Arunachal Pradesh. VERSUS The State of AP through the PP of AP Advocate for the Petitioner : Kemo Lollen, Arun Yun,Nyai Loyi,Maryum Sora,D Ado,Geli Taye Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 13-06-2025 Heard Mr. D. Ado, learned counsel for the petitioner. I have also heard Mr. D. Loyi, learned P.P. for the State. 2. This is an application filed under Section 483 BNSS,2023 for grant of bail to the accused Shri Rafik Ali who has been arrested in connection with Aalo PS Case No.28/25 under Sections 303(2)/317(2) BNS, 2023. Page No.# 2/3 3. The allegation against the accused is that the owner of the vehicle bearing registration number AS-15 AC-8882 Mahindra Bolero Pickup lodged written FIR for stollen of her said vehicle from her house. The said stollen vehicle was found in the possession of the accused on interception by the police at police check post Sissiborgaon. Case was registered and the accused was arrested. 4. Case Diary as called for, has been received and I have perused the same. 5. As per the records, the stollen vehicle was recovered from the possession of the accused following interception. The status report reveals that the investigation of the case is almost complete, and the accused is cooperating with the investigation. The Investigating Officer indicates that further custodial remand of the accused for the purpose of investigation is no longer necessary. 6. The learned counsel for the petitioner submits that the accused was arrested on 16.04.2025 and since then, he has been in custody for about 58 days. Further, the accused is the only bread earner of the family, and he is ready furnish bail bond and co-operate with the investigating agency, therefore prays for his release on bail. 7. The learned P.P. has no strong objection to the grant of bail, subject to appropriate condition. 8. Considering the fact and circumstances, the stage of investigation, and period of custody, this Court finds appropriate to allow the bail application. 9. Accordingly, the accused Rafik Ali is directed to be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of like amount to the Page No.# 3/3 satisfaction of the learned Chief judicial Magistrate, Aalo, one of which shall be the resident of the State Arunachal Pradesh, subject to the following conditions: (i) that the accused shall co-operate and appear before the I.O of the case as and when required. (ii) that the accused shall not temper with the evidence(s) or influence witness of the case in any manner. (iii) that the accused shall not leave the jurisdiction without prior permission of the concerned Court. 10. With the above, bail application stands allowed and disposed of. JUDGE Comparing Assistant