Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010047682025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./684/2025 IBRAHIM ALI S/O. HATEM ALI, R/O. GUDAMGHAT, MIRIGAON, P.S. CHARIDUAR, DISTRICT SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2025
1. Heard Mr. I. Hussain, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Ibrahim Ali has prayed for releasing him on bail in respect of PRC Case No.338/2025 pending in the Court of learned Chief Judicial Magistrate, Kamrup(M), Guwahati.
3. On an earlier occasion, the petitioner filed a bail application before this Court and
Page No.# 2/2 during pendency of the bail application, Charge-sheet was filed.
4. Therefore, this Court directed the petitioner to approach the Trial Court for seeking regular bail.
5. Thereafter, the petitioner had approached the Court of the learned Special Judicial Magistrate, Kamrup(M), Guwahati praying for bail since the said Court does not have the jurisdiction to entertain the bail prayer. The said prayer was rejected.
6. The petitioner has already spent 87 days in Judicial Custody.
7. I have considered the submissions made by learned counsel for both the sides.
8. This Court is of the opinion that at this stage, nothing would be served that keeping the petitioner further in Judicial Custody.
9. The bail application is allowed.
10. Accordingly, the petitioner Ibrahim Ali, who is in custody was in respect of PRC Case No.338/2025 pending in the Court of learned Special Judicial Magistrate, Kamrup(M), Guwahati shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Special Judicial Magistrate, Kamrup(Metro), Guwahati, Assam.
11. The bail application stands disposed of.
JUDGE Comparing Assistant