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2025 DAILYLAW 9461 (GAU)

SAFIKUL ISLAM @ SHAFIKUL ISLAM v. THE STATE OF ASSAM

Bail Appln./837/2025 · 2025-04-09

Susmita Phukan Khaund

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Judgment text

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Page No.# 1/3 GAHC010058552025 2025:GAU-AS:4551 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./837/2025 SAFIKUL ISLAM @ SHAFIKUL ISLAM S/O-HAFIJUDDIN,R/O-HABIDONGA,P.S-BAGBOR,DIST-BARPETA,ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : U U KHAN, Advocate for the Respondent : PP, ASSAM, MR. C TALUKDAR (INFORMANT),MR. S K DEKA (INFORMANT),A GAUTAM (INFORMANT),ARUNABH SARMA (INFORMANT),MS. D DAS (INFORMANT) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-04-2025 Heard learned counsel Mr. U.U. Khan for the petitioner Safikul Islam @ Shafikul Islam, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 06.03.2025 in connection with Dispur Police Station Case No. 151/2025 Page No.# 2/3 registered under Sections 117(2)/109/303(2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent State and Mr. A. Gautam, learned counsel for the informant. 3. The allegation against the petitioner is that he along with his associates caused grievous injury on the victim who is 68 (Sixty Eight) years of age and snatched away her purse and mobile phone. 4. Mr. A. Gautam, learned counsel for the informant has submitted that the additional affidavit clearly reflects the CCTV footage which clearly reveals that the petitioner has falsely submitted that the co-accused is not known to him. The CCTV footage clearly shows that the petitioner was waiting for the victim and his co-accused was following the victim and thereafter, the victim was attacked and her bag was snatched. 5. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. 6. I have scrutinized the Case diary. Indeed there are incriminating materials in the Case Diary against the petitioner. I have considered the submissions that the petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. The merits of the case are not brought to the fore as investigation is still under progress. 7. Considering all aspects, it appears that bail may be granted to the petitioner. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the Page No.# 3/3 satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that:- (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iii) the petitioner shall cooperate with the remaining part of investigation. 8. On breach of any of the bail conditions, the jurisdictional Court/Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant