MD MUNNAF ALI @ BAUNA AND 2 ORS v. THE STATE OF ASSAM
Bail Appln./887/2025 · 2025-03-24
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9742 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9742 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010062352025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./887/2025 MD MUNNAF ALI @ BAUNA AND 2 ORS S/O MOHNUR ALI, R/O- NO.1 LOHARKATHA, P.S MUKALMUA, DISTRICT NALBARI, ASSAM. 2: MD. MOJNUR ALI S/O HUKHNO ALI @ JALIL R/O NO. 1 LOHARKATHA
P.S. MUKALMUA DIST. NALBARI ASSAM 3: MD. MUL HOQUE ALI BABULI S/O MOHNUR ALI R/O- NO.1 LOHARKATHA P.S MUKALMUA DISTRICT NALBARI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR. S RAHMAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE
Page No.# 2/3 HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.03.2025
1. Heard learned counsel Mr. S. Rahman for the petitioners namely, (i) Md. Munnaf Ali @Bauna, (ii) Md. Mojnur Ali, and (iii) Md. Mul Hoque Ali @Babuli. 2. The petitioners have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 13.03.2025 in connection with Mukalmua Police Station Case No. 60/2025 under Sections 303(2)/317(4)/112(2) of the BNS. 3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioners is that he along with his co-accused named in the FIR have committed theft of 3 heads of cattle and also after slaughtering one, sold the beef. 5. It is submitted on behalf of the petitioners that they have been arrested on suspicion and two heads of cattle have already been recovered. 6. I have considered the submissions at the Bar. It appears that bail may be granted to the petitioners. 7. It is submitted that petitioners have pledged to co-operate with the remaining part of investigation. The petitioners are local residents and they are not flight risks. 8. Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the learned CJM, Nalbari, under the conditions
Page No.# 3/3 that: (i) The petitioners shall refrain from such activities with which they are alleged, (ii) The petitioners shall appear before the I.O. on every fortnight till completion of investigation, and (iii) The petitioners shall not leave the jurisdiction of the Court without prior permission. 9.
On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant