ABU BAKKAR SIDDIQUE @ RAHUL @ ABU BAKKAR SIDDIK v. THE STATE OF ASSAM
Bail Appln./112/2025 · 2025-02-03
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5698 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5698 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010008152025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./112/2025 ABU BAKKAR SIDDIQUE @ RAHUL @ ABU BAKKAR SIDDIK S/O MOINUL HAQUE R/O NOWAPARA MILIJULI PATH
P.S. SATGAON DIST. KAMRUP (M) ASSAM PERMANENT ADDRESS- VILL- BALAPARA NEAR MASJID
P.S. BELSOR
DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. U K BARMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 04.02.2025
1. Heard Mr. R. Konwar, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Abu Bakkar Siddique @ Rahul @ Abu Bakkar Siddik, who has been detained behind the bars since 16.12.2024, in connection with Satgaon P.S. Case No. 169/2024 under Section 305/331(4) of the BNS, 2023. 3. The gist of accusation in this case is that on 29.11.2024, one Sri Amrit Das had lodged an FIR before the Officer-In-Charge of Satgaon Police Station, inter-alia, alleging that some unknown thieves has stolen one Xerox Machine, one Printer and cash amount of Rs. 600/- from his shop, namely, “A.B. Design and Printing” situated at Satgaon. 4. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for last 50 days and in the meanwhile, one of the co-accused, namely, Md. Sono Ali has already been granted bail by the Court of learned Additional Sessions Judge No. 5, Kamrup (M), Guwahati. He also submits that in the meanwhile, stolen articles have also been recovered. 5. On the other hand, the learned Additional Public Prosecutor also submits that the Case Diary is not received; however, from the forwarding
Page No.# 3/4 report itself, it reveals that the stolen articles have already been recovered. 6. I have considered the submissions made by the learned counsel for both the sides as well as perused the materials available on records. Since the stolen articles have already been recovered, as well as one of the co-accused has been granted bail by the Court of learned Additional Sessions Judge No. 5, Kamrup (M), Guwahati. Moreover, considering the period of detention already undergone by the above-named petitioner, this Court is of considered opinion that further custodial detention of the above-named petitioner may not be necessary for fair completion of the investigation, if he co-operates in the investigation. 7. In view of the above, the above-named petitioner is hereby allowed to go on bail of Rs.
30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati with the following conditions:- (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup(M), Guwahati without prior written permission from him/her; (b) shall not hamper with the investigation and tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Page No.# 4/4
8. With the above observations, this bail application is hereby
disposed of.
9. Return the case diary.
JUDGE Comparing Assistant