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2025 DAILYLAW 6288 (GAU)

MD RAJU ALI v. THE STATE OF ASSAM

Bail Appln./204/2025 · 2025-02-13

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010013882025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./204/2025 MD RAJU ALI S/O MD SAMSER ALI, R/O KACHARI SOLMARI, PS. RANGIA, DISTRICT KAMRUP, ASSAM, PIN 781354 MOB. 8403881520 VERSUS THE STATE OF ASSAM TO BE REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 14 .02. 2025 Heard Mr. A.K. Ahmed, learned counsel for the petitioner and Mr. R.R. Kaushik, learned Addl. PP for the State respondent. This is an application filed by the petitioner Md. Raju Ali under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Mangaldai P.S. Case No. 345/2024 under Sections 304(2)/ 3 (5) of BNS, 2023. Page No.# 2/3 Case diary is received and perused. The matter relates to commission of theft of gold chain. The learned counsel for the petitioner has submitted that the petitioner has been detained in custody for last 47 days since the date of his arrest on 30.12.2024. Considering the length of detention, petitioner may be enlarged on bail. The learned Additional Public Prosecutor, on the other hand, has produced the case diary and has submitted that no seizure was made. However, length of detention may be considered. Considering the submission of the learned counsel for the parties and on perusal of case diary, this Court is of the opinion that further custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant bail to the petitioner. It is directed that the accused/ petitioner namely Md. Raju Ali shall be released on bail on furnishing a bond of Rs. 30,000/- (Rupees thirty thousand) with one surety of like amount to the satisfaction of the learned CJM, Darrang, Mangaldoi in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused- petitioner: (1) shall not leave the territorial jurisdiction of the learned CJM, Darrang, Mangaldoi without prior written permission from him/ her. (2) shall not hamper with the investigation and tamper with the evidence of the case; and (3) shall not, directly or indirectly, make any inducement, threat or Page No.# 3/3 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. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant