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2025 DAILYLAW 7621 (GAU)

SRI MASUD MAMUN v. THE STATE OF ASSAM

Bail Appln./411/2025 · 2025-03-17

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010026282025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : Bail Appln./411/2025 SRI MASUD MAMUN S/O ANOWER HUSSAIN R/O AMGURI P.S KALGACHIA DISTRICT BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR SAURADEEP DEY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 18.03.2025 1. Heard learned counsel Mr. G. Chamua for the petitioner Masud Mamun. Page No.# 2/3 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 29.01.2025 in connection with Barpeta Police Station Case No. 29/2025 under Sections / 318(4)/316(2)/336(3)/61(2)(a) of the BNS. 3. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioner is that he has been involved in defrauding others by unauthorized gaming by collecting corporate bank accounts, Cheque books, ATM cards, Aadhar cards and SIM cards, and thereafter being involved with a gang of cyber criminals. 5. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner and he is not entitled to bail as the offence alleged is of grave nature. 6. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. 7. Investigation has progressed substantially. It appears that further custodial detention may not be required for progress of investigation. The petitioner has pledged to co-operate with the remaining part of the investigation and he is willing to abide by any stringent bail conditions if imposed upon him. The petitioner being a local resident is not a flight risk. 8. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the Elaka Magistrate/Jurisdictional Court at Barpeta under the conditions that: (i) The petitioner shall refrain from such Page No.# 3/3 activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 9. 9. On breach of any of the bail conditions, the Elaka Magistrate/Jurisdictional Court is at liberty to immediately cancel the bail granted to the petitioner. 10. Send back the Case Diary. JUDGE Comparing Assistant