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2025 DAILYLAW 7829 (GAU)

ABDUL HANNAN LASKAR @ ABDUL HANNAN v. THE STATE OF ASSAM

Bail Appln./479/2025 · 2025-02-26

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010038752025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./479/2025 ABDUL HANNAN LASKAR @ ABDUL HANNAN S/O AFTAB UDDIN LASKAR RESIDENT OF 3 KILO BAZAR BACKYARD OF BIMAL HOTEL P.S- UMRANGSO DISTRICT- DIMA HASAO ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. J LASKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.02.2025 1. Heard Mr. J. Laskar, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Abdul Hannan Laskar @ Abdul Hannan, who has been Page No.# 2/3 detained behind the bars since 10.01.2025 (for last 58 days) in connection with Umrangso P.S. Case No. 02/2025 under Sections 105/3(5) of BNS, 2023 read with Section 21(1) of the Mines and Minerals (Development and Regulation Act), 1957. 3. The gist of accusation is that on 06.01.2025 one Sri Prasenjit Kemprai, Senior Manager (Tech) AMDCL had lodged an FIR before the Officer-in-charge Umrangso Police Station, inter alia, alleging that an information was received by the first informant that some laborers and some miscreants who were doing illegal coal extraction from well type pit hole have been trapped therein on 06th of January, 2025 and in the pit under water, a prayer was made for rescuing the trapped persons and it was alleged that this type of illegal mining which was very dangerous and may lead to loss of life is going on there. 4. The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the illegal mining as alleged in the FIR and considering the period of detention, he may be allowed to go on bail. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Umrangso P.S. Case No. 02/2025 and has submitted that there are some incriminating material against him, however, in the meanwhile, the statement of the accused as well as other witnesses have been recorded and the investigation has fairly progressed. 6. I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record including the case diary of Umrangso P.S. Case No. 2/2025. 7. Considering the progress made in the investigation and the period of detention already undergone by the present petitioner, his further custodial Page No.# 3/3 detention does not appear to be necessary for fair completion of investigation of the aforesaid case. Hence, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Dima Hasao with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 8. With the above observation, this bail application is disposed of. JUDGE Comparing Assistant