Page No.# 1/2 GAHC010035572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./499/2025 TOSER ALI S/O- MOHUR ALI, R/O- VILL.- THURIBARI, P.S. BASUGAON, DIST. CHIRANG, BTR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2025 Heard Mr. I Hussain, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner, Toser Ali has prayed for releasing him on bail after he was arrested in connection with Basugaon P.S. Case No. 2/2025. 3. On 20.01.2025, an FIR was lodged before the Basugaon Police Station, wherein it was alleged that the present petitioner attempted to commit murder of the brother of the Page No.# 2/2 informant. It was also alleged that the brother of the informant was hit on his head with a sharp weapon. The said person allegedly sustained serious injuries. 4. On the basis of the said incident, Mr. Mohar Ali Sheikh, the father of the petitioner also lodged an FIR before police. In that FIR, it was alleged that on that day, Toser Ali was returning home in his dumper driven by a driver. It was further alleged that one car stopped the dumper on the road and some persons, who were under the influence of liquor, abused the driver of the dumper. They demanded an amount of ₹5,000/- from the present petitioner. When the petitioner refused to pay the money, he and his driver were badly beaten up. 5. Mr. Hussain submits that some persons demanded money from the petitioner and his driver. When the petitioner refused to pay the money, there was a big fight between both sides. In the said incident many persons sustained injuries. 6. Mr. Goswami submits that one person called Brindaban had sustained grievous injuries on his head. 7. The petitioner has already spent 49 days in judicial custody. 8. I have considered the submissions made by the learned counsel of both sides. 10. This Court is of the opinion that under the given circumstances of the case, the petitioner no longer deserves to be detained in custody. Therefore, his bail application is allowed. 9. It is hereby directed that the petitioner, namely, Toser Ali, who was arrested in connection with Basugaon P.S. Case No. 2/2025, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Chirang, Kajalgaon. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant