Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/382/2025 MD BUBU ALI AND ANR. SON OF BAKAN ALI, A RESIDENT OF DEMOWMUKH GAON, P.O DEMOWMUKH, P.S SIBSAGAR, DISTRICT SIBSAGAR ,ASSAM, PIN 7845640, 2: MD. CHETAR ALI @ BOGA ALI @ DANGORBA S/O GAFUR ALI A RESIDENT OF DEMOWMUKH GAON P.O. DEMOMUKH P.S.SIBSAGAR DIST. SIBSAGAR ASSAM PIN-784564 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S N TAMULI, MS. P K ZANNAT,MS. A BEGUM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.02.2025
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1. Heard Mr. S.N Tamuli, learned counsel for the petitioners. 2. Also heard Mr. B Sharma, learned Additional Public Prosecutor. 3. This application under Section 482 of BNSS has been filed by the petitioners namely, Bubu Ali and Md. Sattar Ali @ Boga @ Dangor Ba, who are apprehending their arrest in connection with Sivasagar PS Case No. 163/2024. 4. The gist of accusation in this case is that on 16.12.2024, one Imran Ali had lodged an FIR before the Officer-in-Charge of Sivasagar PS, inter alia, alleging that on 14.12.2024, during night hours someone had stolen 10 numbers of bullocks from the corrals situated at Village Riria. 5. Learned counsel for the petitioners has submitted that the petitioners are not involved in the offence alleged in this case. He further submits that, in the meanwhile, two of the co-accused namely, Nekibur Ali and Rekibuddin Ali have been granted interim protection by the co-ordinate bench of this Court in AB Case No. 212/2025 by order dated 06.02.2025. 6. It has been submitted by the learned counsel for the petitioner that the cattle have already been recovered and the zimma of the same was given to the owner Imran Ali. 7. Learned Additional Public Prosecutor has produced the Case Diary of the Sivasagar PS Case No. 163/2024 and has submitted the investigation has fairly progressed and the stolen cattle are already recovered. 8. In view of the submission of the learned counsel for both the parties and after going through the materials available on record, this court is of considered opinion that custodial detention of the above named petitioners may not be necessary if they co-operate in the investigation. 9.
Hence, this Anticipatory Bail application is hereby disposed of with a direction to the above named petitioners to appear before the Investigating
Page No.# 3/3 Officer of Sivasagar PS Case No. 163/2024 within a period of 10(ten) days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, they shall be allowed to go on bail of Rs 30,000/- each with 1(one) surety of like amount subject to the satisfaction of the arresting authority with following conditions: (i) That the petitioners shall co-operate in the trial. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any kind of listed witnesses, so as to dissuade them from deposing against him in the pending trial before the trial Court. 10. Send back the case diary. JUDGE Comparing Assistant