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2025 DAILYLAW 8633 (GAU)

RUPCHAND ALI v. THE STATE OF ASSAM

Bail Appln./642/2025 · 2025-04-04

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010046112025 2025:GAU-AS:4190 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./642/2025 RUPCHAND ALI S/O SIDDIQUE ALI R/O VILL- ASALPARA P.S. CHHAYGAON DIST. KAMRUP, ASSAM PIN-9864044267 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B K DAS, MS. P DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 05.04.2025 Heard Ms. P. Das, learned counsel appearing for the accused-petitioner as well as Ms. N. Das, learned Additional Public Prosecutor, Assam appearing for the State respondent. Page No.# 2/3 2. By this petition under Section 483 of BNSS, 2023, the accused-petitioner, namely, Rupchand Ali, has prayed for grant of bail in connection with Chhaygaon P.S. Case No.45/2025 under Sections 85/123/108 of BNS Act, 2023 read with Section 4 of the Dowry Prohibition Act, 1961. 3. It is submitted by the learned counsel for the petitioner that the petitioner has been languishing in judicial custody for last 59 days since his arrest i.e. on 05.02.2025. The petitioner has two minor children in his house as his wife had expired. It is also submitted that the petitioner is not at all connected with the alleged offence and the petitioner has also lodged an FIR against the informant. She therefore, prayed that considering the length of detention, prayer for bail of the petitioner may be considered. 4. On the other hand, Ms. N. Das, learned Additional Public Prosecutor has produced the case diary without the FSL report and submits that the offence falls under the mandatory period of 60 days and the petitioner will be completed the mandatory period of 60 days by tomorrow, so under such background, the petitioner may be enlarged on bail. 5. In view of the submission of learned counsel for both the parties, considering the length of detention and without going into the merits of the case, as the accused-petitioner will be completed his mandatory of period of 60 days by tomorrow, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. 6. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.50,000/- with two suitable sureties of the like amount, to the satisfaction of learned CJM, Kamrup, Amingaon. Page No.# 3/3 7. The direction for bail is further subject to the conditions that the petitioner: a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup, Amingaon without prior written permission from him/her; b) shall not hamper with the investigation, or tamper with the evidence of the case; c) 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. 8. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant