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2025 DAILYLAW 8274 (GAU)

MD MRIDUL ALI @ MD MADUL ALI AND ANR v. THE STATE OF ASSAM

Bail Appln./592/2025 · 2025-03-18

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010040472025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./592/2025 MD MRIDUL ALI @ MD MADUL ALI AND ANR S/O- LT MAJIBOR RAHMAN, VILL- 2 NO SORIKOT P.S.- KAMALPUR DIST.- KAMRUP (ASSAM) 2: MD. APPU ALI @ AJIJUR RAHMAN S/O BACHHU ALI VILL- 2 NO. SORIKOT P.S.KAMALPUR DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. S K NARGIS, MS N SULTANA,MS S BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19-03-2025 Heard Mr. S.K. Nargis, learned counsel for the petitioner Nos. 1. Md. Mridul Ali @ Md. Madul Ali and 2. Md. Appu Ali @ Ajijur Rahman, who have filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with Page No.# 2/3 prayer for bail as they are behind bars since 21.12.2024 in connection with Kamalpur Police Station Case No. 194/2024 under Section 103(1)/3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioners. 3. Learned counsel for the petitioners has submitted that it is true that the petitioner No. 1 is the son-in-law and the petitioner No. 2 is son of the deceased victim and the deceased victim was residing in his in-laws’ house along with his wife/Junu Begum. 4. It is however submitted that these two petitioners are innocent and they have been languishing in the jail as false allegations have brought up against them. 5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. The petitioners are also named in the FIR. The merits of this case are not brought to the fore. I have considered the length of detention. Investigation has progressed substantially. The petitioners have pledged to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon them. 6. It appears that bail may be granted to the petitioners. 7. The petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Rangia Page No.# 3/3 under the conditions that :- (i) the petitioners shall not leave the jurisdiction of the Court without prior permission, (ii) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iii) the petitioners shall not exercise threats to the witnesses or try to influence them. 8. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail. 9. In terms of the above observation, this Bail Application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant