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2025 DAILYLAW 8781 (GAU)

SHUJAB ALI v. THE STATE OF ASSAM

Bail Appln./692/2025 · 2025-03-24

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010048132025 2025:GAU-AS:3400 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./692/2025 SHUJAB ALI S/O SATTAR ALI @ ABDUS SATTER R/O DIGHALTARI PART-I, P.S. DHUBRI, IN THE DISTRICT OF DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE ADDL.PP, ASSAM Advocate for the Petitioner : MR. R ISLAM, MR G U AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.03.2025 1. Heard Mr. R.Islam, learned counsel for the petitioner Shujab Ali who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail since he is behind the bars from 26.02.2025 in connection with Dispur Police Station Case No. 166/2025 under Sections 324(1)/305(a)/331 (4) of the Bharatiya Nyaya Sanhita, 2023. Page No.# 2/3 2. Heard learned Additional Public Prosecutor Mr. D.P. Goswami for the respondent State. 3. The FIR unfolds that on the night of the incident, informant found his door opened and the lock of the grill was also broken. He immediately informed the police and the police pursued the miscreants who broke into the informant’s house. During investigation, gold chain, gold ring etc. were found missing from the informant’s house and FIR was lodged and the petitioner was arrested in connection with the case. 4. Learned Addl.Public Prosecutor submits that there are some incriminating materials in the Case Diary. 5. I have scrutinized the Case Diary. 6. It appears that there are incriminating materials against the petitioner in the Case Diary. 7. I have considered the length of detention as well as the progress of the investigation. 8. It appears that custodial detention of the petitioner for further investigation is not required. 9. Considering all the aspects, the prayer for bail is allowed. 10. The petitioner named above shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (Metro) under the conditions that:- (i)The petitioner shall appear before the Investigating Officer Page No.# 3/3 on every fortnight till completion of investigation, (ii)The petitioner shall refrain from such activities with which he is alleged, (iii)The petitioner shall not leave the jurisdiction of the Court without prior permission. 11. On breach of any of the bail conditions, jurisdictional Court/Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 12. In terms of the above observations, the Bail Application stands disposed of. 13. Send back the Case Diary. JUDGE Comparing Assistant