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2025 DAILYLAW 7999 (GAU)

MOHOR ALI v. THE STATE OF ASSAM

Bail Appln./525/2025 · 2025-03-19

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010037322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./525/2025 MOHOR ALI S/O SATTAR UDDIN VILL-MAYER CHAR PART-III P.S.BILASIPARA DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R A CHOUDHURY, MR. R A MAZUMDER,MR. D HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 20/03/2025 Heard Mr. R A Choudhury, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Mohor Ali, son of Sattar Uddin, resident of Village-Mayer Char Part-III, P.S. Bilasipara, District-Dhubri, Page No.# 2/3 seeking bail in Sapatgram P.S. Case No. 58/2024 registered under Sections 61(2)/119(1)/311/109 BNS read with Section 25 (1-A), 27 of Arms Act, 1959 and added Section 111(2)(b) BNS corresponding to G.R. No. 537/2024, wherein he was arrested on 21.12.2024 and is in custody since then. 3. Today is the 90th day of the petitioner in custody considering his detention since 21.12.2024. 4. Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that as on date charge- sheet has not been filed in the case. 5. On being enquired, Mr. Sarma, learned Additional Public Prosecutor, Assam apprised the Court that the Investigating Officer of the case has not filed any application for extending the period of detention of the petitioner in custody, enabling him to file the charge-sheet in the matter. 6. From the case diary, Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that the petitioner is also an accused in Chunari P.S. Case No. 03/2024 under Sections 310(2) and 118(1) of the BNS. 7. However, Mr. Choudhury, learned counsel for the petitioner submitted that the petitioner has been released on bail by the learned Sessions Judge, Goalpara two days back in said Chunari P.S. Case. 8. For the reasons above, the petitioner is entitled for default bail in said Sapatgram P.S. Case No. 58/2024. 9. Accordingly, the petitioner, namely, Mohor Ali, son of Sattar Uddin is granted default bail in said Sapatgram P.S. Case No. 58/2024 registered under Sections 61(2)/119(1)/311/109 BNS read with Section 25 (1-A), 27 of Arms Act, 1959 and added Section 111(2)(b) BNS corresponding to G.R. No. 537/2024, on furnishing a bail bond of Rs.75,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara on conditions that the petitioner — (i) shall appear before the Investigating Officer of said Sapatgram P.S. Case No. 58/2024 as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara without obtaining prior written permission from the said authority; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade Page No.# 3/3 them from disclosing such facts to the Court or to any police officer; and (v) shall not involve himself in any criminal activities in future; failing which, the bail granted to him in the aforesaid Sapatgram P.S. Case No. 58/2024 shall stand automatically vacated. 10. This bail application accordingly stands disposed of with the above directions. 11. Return the case diary. JUDGE Comparing Assistant