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2025 DAILYLAW 6558 (GAU)

RUPSAN ALI @ RUPCHAND ALI v. THE STATE OF ASSAM

Bail Appln./261/2025 · 2025-02-11

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010017062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./261/2025 RUPSAN ALI @ RUPCHAND ALI S/O TAHJUDDIN ALI VILL-NOTUNKATLI, P.S.BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.02.2025 Heard Mr. F. Haque, the learned counsel appearing for the petitioner as well as Mr. D. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Rupsan Ali @Rupchand Ali has prayed for releasing him on bail after he was arrested in connection with Page No.# 2/2 Azara P.S. Case No. 11/2025. 3. On 21.01.2025, police had an information that some miscreants will be coming to Guwahati from Boko side in order to commit dacoity within the city. Police also had the information that they will be coming in a Bolero vehicle bearing registration No. AS- 19-F-9509. According to police, the entire gang of dacoits will be led by Mohir Uddin Ali. 4. Police stopped the vehicle with passengers, namely, Mohir Uddin Ali, Azid Ali, Ahmad Ali and Md. Wajed Ali. Some weapons like sickle, iron rods etc. were recovered from the said vehicle. 5. Thereafter, police arrested the present petitioner alongwith some cows. It is alleged that the present petitioner used to purchase cows from cow thieves and he used to sell beef in the market. 6. I have considered the submissions made by the learned counsels of both sides. 7. The contents of the FIR and the reason for which the present petitioner was arrested are two different things. There is no specific complain against the present petitioner that he was in association of the occupants of the aforesaid vehicle and were planning to commit dacoity in the city. 8. Under the given circumstances of the case, this Court is of the opinion that the petitioner no longer deserve to be detained in custody. His bail application is allowed. 9. It is hereby directed that the petitioner, Rupsan Ali @Rupchand Ali, who was arrested in connection with Azara P.S. Case No. 11/2025, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant