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2025 DAILYLAW 8106 (GAU)

NIJAM UDDIN v. THE STATE OF ASSAM

Bail Appln./493/2025 · 2025-03-23

Susmita Phukan Khaund

Transfer Petitionbody2025

Judgment text

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Page No.# 1/3 GAHC010037902025 2025:GAU-AS:3215 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./493/2025 NIJAM UDDIN S/O ABDUL HAKIM, RESIDENT OF DAULATPUR, PS BIHPURIA, DIST LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MS. P BORAH, MR. M ALAM,MR. K BORUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.03.2025 1. Heard learned counsel Mr. P. Bordoloi on behalf of learned counsel Mr. M. Alom for the petitioner Nijam Uddin. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 17.01.2025 in connection Page No.# 2/3 with Bihpuria Police Station Case No. 210/2024 under Sections 61(2)/316(2)/318(4)/178/179 of the BNS. 3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 4. I have considered the submissions at the Bar. 5. It is submitted on behalf of the petitioner that the prime-accused is Sayed Ali. On the statements of Sayed Ali, the petitioner was arrested. 6. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner. 7. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. 8. It appears that further custodial detention may not be required for the progress of investigation. 9. The petitioner is willing to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 10. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Lakhimpur, North Lakhimpur, under the conditions that: (i) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, Page No.# 3/3 (ii) The petitioner shall refrain from such activities with which he is alleged, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 11. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 12. Send back the Case Diary. 13. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant