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2025 DAILYLAW 9105 (GAU)

ASHAD ALI ALIAS ASAD ALI v. THE STATE OF ASSAM

Bail Appln./732/2025 · 2025-03-12

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010053132025 2025:GAU-AS:2657 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./732/2025 ASHAD ALI ALIAS ASAD ALI S/O- MONTAJ ALI, RESIDENT OF VILLAGE BODOLI CHAR, DALGAON, PO AND PS DALGAON, DIST DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. MUSTAFA HUSSAIN, MR. R ALI,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 13.03.2025 Heard Ms. R. Ali, learned counsel appearing for the accused petitioner as well as Mr. M.P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioner, namely, Ashad Ali @ Asad Ali, has prayed for grant of bail in Page No.# 2/3 connection with Dispur P.S. Case No.198/2025 under Sections 14 of Game & Betting Act. It is submitted by the learned counsel for the petitioner that the accused petitioner is no way connected with the alleged offence. Though, he was arrested on the spot but nothing was recovered from the possession of the petitioner. The petitioner was not playing teer or not selling ticket of gambling as alleged by the police at the time of arrest. In fact some boys were playing teer gambling near his shop. As the incident occurred next to his betel nut shop, he was arrested on suspicion Considering, the background of the case, the petitioner may be enlarged on bail. Mr. M.P. Goswami, learned Additional Public Prosecutor for the State has submitted that considering the nature of the offence, bail may be considered to the petitioner. Considering the matter in its entirety and the facts and circumstances of the case, 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. Accordingly, the petitioner, named above, shall be released on bail, in connection with Dispur P.S. Case No.198/2025 under Sections 14 of Game & Betting Act on furnishing bail bond of Rs.10,000/- with one suitable surety of the like amount, to the satisfaction of learned CJM, Kamrup(M). The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned CJM, Kamrup(M) 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 Page No.# 3/3 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. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant