MEHBUB ALAM LASKAR @ MEHBUB ALOM LOSKAR v. THE STATE OF ASSAM
Bail Appln./869/2025 · 2025-03-23
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9579 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9579 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010060272025
2025:GAU-AS:3252
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./869/2025 MEHBUB ALAM LASKAR @ MEHBUB ALOM LOSKAR S/O NURUL ISLAM LASKAR R/O VILL-PUNIRMUKH P.S. DHOLAI DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A ALI, MS K TAYE,MS. M KHATUN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 24-03-2025
Heard Mr. A. Ali, the learned counsel for the petitioner and also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3
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 19.11.2024 in connection with Dholai P.S. Case No. 180/2024 (GR No. 2130/2024) u/s 75(2) of BNS, 2023. 3. Mr. Ali, the learned counsel for the petitioner submitted in this regard that the accused was arrested in connection with case on 19.11.2024 and since then he is in custody for more than 4 months. In the meantime charge-sheet is filed and three PWs already examined including the victim and the informant of this case. And thus all the vital witnesses had already been examined by the prosecution though two other independent witnesses are yet to be examined. 4. The accused-petitioner is a permanent resident of the locality and he will appear before the learned Trial Court below on each and every date, if he is granted the privilege of bail. 5. In this context, Mr. Baishya, the learned Additional Public Prosecutor submitted that there are sufficient incriminating materials in the evidence of the PWs. More so, two more independent witnesses are yet to be examined and hence the prayer should not be considered at this stage. However, he insisted to call for the scanned copy of the case record and the Case Diary. 6. Hearing the submissions made by learned counsel for both sides, it is seen that the case has sufficiently progressed and all three vital witnesses of the prosecution had already been examined. Hence, tampering or hampering with the evidence of the prosecution may not arise at this stage. 7. Considering the entire aspects of the case and the length of detention already undergone by the accused/petitioner, I find that further custodial detention may not be necessary. Accordingly, I find it is a fit case to enlarge the
Page No.# 3/3 accused/petitioner on bail. 8. Accordingly, the accused/petitioner is 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 Sessions Judge, Cachar, Silchar.
The accused/petitioner, namely Mehbub Alam Laskar @ Mehbub Alom Loskor, be enlarged on bail, subject to the following conditions:- (i) 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 (ii) that the petitioner shall not leave the jurisdiction of the learned Sessions Judge, Cachar, Silchar without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant