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2025 DAILYLAW 9059 (GAU)

MD HAIDER ALI v. THE STATE OF ASSAM AND ANR.

Bail Appln./753/2025 · 2025-04-02

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010051982025 2025:GAU-AS:3992 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./753/2025 MD HAIDER ALI S/O- AIZUL HOQUE, R/O- VILL- SEWGURI, PS- KAMPUR, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:MUSST. SAHIDA BEGUM R/O VILL- DEWGURI P.S. KAMPUR DIST. NAGAON ASSA Advocate for the Petitioner : MR A SHARMA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 03-04-2025 Page No.# 2/3 Heard Mr. A. Sharma, the learned counsel for the petitioner and also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 06.02.2025 in connection with Kampur P.S. Case No. 22/2025 u/s 329(4) 115 (2)/74/3(5) of BNS, R/W Section 8 of POCSO Act. 3. It is submitted by Mr. Das that the case has already been charge-sheeted vide Charge Sheet No. 24/2025 dated 21.03.2025 and accordingly he submitted that the petitioner may prefer an application before learned Trial Court below. 4. Mr. Sharma submitted in this regard that the accused-petitioner has been behind bars since last 57 days and hence considering his period of detention he may be released on bail. He further submitted that the accused/petitioner being a permanent resident of his addressed locality, he will appear before the learned Trial Court below as and when the date is fixed by the Court. 5. Considering the entire submission made by learned counsel for both sides, and the period of detention already undergone by the accused/petitioner vis-à- vis the gravity of the offence, I find it is a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Nagaon. The accused/petitioner, namely Md. Haider Ali, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; Page No.# 3/3 (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Nagaon without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant