Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:3005
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./814/2025 NUR MAHAMMAD ALI S/O- LATE HUSSAIN ALI, R/O- MERUARTTARI, PS MUKAMUA, DIST- NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, MOHIDUL ISLAM,I AMIN,MS. N SULTANA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.03.2025
1. Heard learned counsel Mr. M. H. Ahmed for the petitioner Nur Mahammad Ali.
2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 18.02.2025 in connection
Page No.# 2/3 with Mukalmua Police Station Case No. 39/2025 under Sections 329/118(2)/109/76/304(2)/3(5) of the BNS.
3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.
4. The petitioner has prayed for bail on the ground of parity as his co-accused has already been enlarged on bail. It is admitted that there is a land dispute between the petitioner, his family members and the informant. It is further submitted that the petitioner is the informant’s son.
5. I have considered the submissions at the Bar.
6. I have considered the length of detention. I have also considered the prayer on the ground of parity. The petitioner is a middle aged man of 52 years. The petitioner is willing to co-operate with the remaining part of investigation.
7. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Nalbari under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, and (ii) The petitioner shall co-operate with the remaining part of the investigation. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner.
8. In terms of the above observation, this bail application stands disposed of. JUDGE
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