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2025 DAILYLAW 6068 (GAU)

AKBAR ALI @ AKBOR ALI AND 3 ORS v. THE STATE OF ASSAM

Bail Appln./147/2025 · 2025-01-26

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010010672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./147/2025 AKBAR ALI @ AKBOR ALI AND 3 ORS S/O. AKASH ALI, R/O. BESIMARI JANGHAL P.S. DALGAON, DISTRICT DARRANG, ASSAM. 2: SAIDUL RAHMAN @ SAIDUR ROHMAN S/O. MADHU SEIKH R/O. NO. 3 BARUA JHAR P.S. DALGAON DISTRICT DARRANG ASSAM. 3: JOYNAL ABDIN S/O. AYAN ALI R/O. PAHARPUR KATOLI GAON P.S. BAGBOR DISTRICT BARPETA ASSAM 4: DILWAR KHAN S/O. LATE FERDDUS KHAN R/O. SATRAKONARA 09 NO. C. P.S. BHAGBOR DISTRICT BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR A AKBAR Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 27.01.2025 Heard the learned counsel Mr. B. Chowdhury appearing for the petitioners. Also heard Mrs. N. Das, the learned Addl. Public Prosecutor, Assam. 2. This is an application for regular bail preferred by the petitioners, namely- (1) Akbar Ali @ Akbor Ali, (2) Saidul Rahman @ Saidur Rohman, (3) Joynal Abdin and (4) Dilwar Khan under Section 483 of the BNSS, 2023 who were arrested in connection with Latasil P.S. Case No.123/2024 under Sections 111(3)/317(4)/313/310(4)/312 of the BNS, 2023. 3. The petitioners have been charge sheeted in respect of the above mentioned police case. They have spent 65 days in judicial custody. 4. On an earlier occasion, the above named petitioners approached this Court seeking bail and at that time, this Court directed the petitioners to move the trial court for seeking bail and also allowed the petitioners to approach this Court again in appropriate time. 5. Accordingly, the petitioners moved the bail prayer before the trial court and on 10.01.2025, the trial court rejected the bail prayer of the petitioners on the ground that the Public Prosecutor could not find the charge sheet in the record. 6. I have considered the submissions made by the learned counsel of both sides. Page No.# 3/3 7. Since the petitioners have already completed 65 days in judicial custody and the charge sheet has already been filed, keeping them in judicial custody would not serve any purpose at this stage. Therefore, their bail application is allowed. 8. The petitioners, namely- (1) Akbar Ali @ Akbor Ali, (2) Saidul Rahman @ Saidur Rohman, (3) Joynal Abdin and (4) Dilwar Khan who were arrested in connection with Latasil P.S. Case No.123/2024 under Sections 111(3)/317(4)/313/310(4)/312 of the BNS, 2023, shall be released on bail of ₹25,000/- with sureties of like amount to the satisfaction of learned Judicial Magistrate First Class, Kamrup (M), Guwahati. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant