Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7169 (GAU)

MAINUL ALI AND ANR v. THE STATE OF ASSAM

AB/329/2025 · 2025-02-16

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010025822025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./386/2025 SAHIL ALI S/O MOSTAFA ALI R/O PRAGATI NAGAR, BYE LANE NO. 5, H/NO.84, P.S. SATGAON DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM, Linked Case : AB/329/2025 MAINUL ALI AND ANR S/O LATE RAHMAN ALI R/O SATGAON SURJYA NAGAR P.S.SATGAON DIST. KAMRUP (M) ASSAM Page No.# 2/3 2: RINKU ALI S/O LATE RAHMAN ALI R/O SATGAON SURJYA NAGAR P.S.SATGAON DIST. KAMRUP (M) 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 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 17.02.2025 Both the applications are taken up together because they have arisen out of the same FIR. 2. Heard Mr. H. Ali, the learned counsel appearing for the respective petitioners. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. 3. The applications are under Section 483 & 482 of the BNSS, 2023 praying for regular bail as well as pre-arrest bail in respect of Satgaon P.S. Case No.10/2025. 4. One E-Rickshaw caused damage to the side rear view mirror of a car. Therefore, the occupants of the car as well as E-Rickshaw driver had a big quarrel. It is mentioned in the FIR that on the basis of the said incident, some people beat the Page No.# 3/3 informant and his associates with bamboo sticks. 5. The petitioner Sahil Ali has already spent 38 days in judicial custody. 6. I have considered the submissions by the learned counsel of both sides. 7. This Court is of the opinion that for the aforesaid allegation, the present petitioner does not deserve to be detained in custody for any further period of time. Therefore, his bail application is allowed. 8. The petitioner Sahil Ali who was arrested in connected with Satgaon P.S. Case No.10/2025, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup (M), Guwahati. 9. So far as the prayer made by the petitioners Mainul Ali and Rinku Ali are concerned, this Court is of the opinion that for the aforesaid allegation, the petitioners afore-named do not deserve to be detained in custody. Therefore, their anticipatory bail application is allowed. 10. It is hereby directed that in the event of arrest in connection with Satgaon P.S. Case No.10/2025, the petitioners, namely- Mainul Ali and Rinku Ali shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the arresting authority. 11. Both the petitioners shall co-operate with police investigation and appear before the Investigating Police Officer as and when called for. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant