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2025 DAILYLAW 8411 (GAU)

MD FARMAN ALI v. THE STATE OF ASSAM

Bail Appln./593/2025 · 2025-03-03

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010043142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./593/2025 MD FARMAN ALI S/O- LATE KHONASA ALI, R/O- VILL- KARIA, BETKATA, PS AND DIST- NALBARI , ASSAM, 781339 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS M ZOMUANPUII,MS S JAIN,MR P DOLEY,MS M ZOMUANPUII,MR J SINGH,MRS J M KONWAR Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 04.03.2025 Heard Mr. B.D. Knowar, the learned senior counsel assisted Ms. S. Jain, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Md. Farman Ali has prayed for releasing him on regular bail in connection with Sessions Case No.80/2024 arising out of Nalbari P.S. Case No.228/2024. 3. The present petitioner Md. Farman Ali along with some other persons were charge sheeted in that case and all of them are facing trial before the court below. 4. Till now, four prosecution witnesses are examined. 5. Mr. Goswami submits that for appreciation of the bail application, scanned copy of the case records should he called for. 6. I have considered the submissions made by the learned counsel of both sides; gone through the statement of the victim that was recorded under Section 161 of the CrPC and also gone through the evidences of the witnesses already examined 7. Without expressing any merit of this case, this Court is of the opinion that the petitioner no longer deserves to be detained in custody during the pendency of the said case. Therefore, his bail application is allowed. 8. The petitioner Md. Farman Ali who is in custody in connection with Sessions Case No.80/2024 arising out of Nalbari P.S. Case No.228/2024, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Nalbari. 9. The petitioner shall regularly appear before the trial court on each and every date of hearing. The trial court shall have the liberty to procure his attendance if he fails to appear without showing any reasonable ground. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant