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2025 DAILYLAW 8208 (GAU)

MOKBUL HUSSAIN MONDAL@ MUKBUL HUSSAIN MANDAL @ NEKBOR MONDAL v. THE STATE OF ASSAM

Bail Appln./551/2025 · 2025-03-17

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010039242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./551/2025 MOKBUL HUSSAIN MONDAL@ MUKBUL HUSSAIN MANDAL @ NEKBOR MONDAL S/O MOHAMMAD ALI MANDAL @ MAHAMMAD ALI MANDOL, A RESIDENT OF VILL- SANTIPUR, P.O.AND P.S. SUKCHAR, DIST.SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S. ALOM,MR. S H ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 18.03.2025 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Mokbul Hussain Mondal @ Mukbul Page No.# 2/3 Hussain Mandal @ Nekbor Mondal, has prayed for bail in connection with Sukchar P.S. Case No. 10/2024 under Section 143/341/333/353/307/379/411 IPC r/w Section 13(1)/16 of ACP Act, 2021 and added Section 212 of IPC. 3. It is submitted by the learned counsel for the petitioner that as per the FIR, a group of people attacked the informant as a result of which he sustained injuries on his person but the petitioner was not present at the relevant time of the incident. It is further submitted that the petitioner is a businessman by profession, primarily involved in the transportation of buffaloes from one person to another, and is in no way connected to the alleged offence as stated in the FIR. It is further submitted that the petitioner has been languishing in judicial custody for more than one month since his arrest on 14.02.2025. Considering the length of detention as well as background of the case, the petitioner may be enlarged on bail. 4. Ms. Das, learned Additional Public Prosecutor for the State has produced the case diary and submits that length of detention may be considered. 5. I have considered the submissions made by the parties. I have also perused the case diary which reflects that the injury sustained by the victim/informant is simple in nature caused by blunt object. 6. Considering the background of the case as well as length of detention of the petitioner, this Court is inclined to grant bail to the petitioner. 7. Accordingly, the petitioner, named above, shall be released on bail in connection with Sukchar P.S. Case No. 10/2024 under Section 143/341/333/353/307/379/411 IPC r/w Section 13(1)/16 of ACP Act, 2021 and added Section 212 of IPC, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned CJM, South Salmara, Mankachar, Assam. Page No.# 3/3 8. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned CJM, South Salmara, Mankachar, Assam without prior written permission from him/her; (b) 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 him from disclosing such facts to the Court or to any police officer; (c) shall not hamper with the investigation, or tamper with the evidence of the case. 9. In the view of the above, the bail application stands disposed of. 10. Send back the case diary. JUDGE Comparing Assistant