Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 9768 (GAU)

MD SONA UDDIN SHEIKH @ SONUDDIN SK v. THE STATE OF ASSAM

Bail Appln./915/2025 · 2025-04-21

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010062032025 2025:GAU-AS:4791 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./915/2025 MD SONA UDDIN SHEIKH @ SONUDDIN SK S/O LATE MANACHAR @ MONSER ALI, R/O VILL- NO. 2 KADAMGURI,P.S.GOSSAIGAON, DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,SAMIM RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22.04.2025 1. Heard learned Counsel Mr.A.W.Aman for the petitioner Md. Sona Uddin Sheikh @ Sonuddin SK who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind Bars since 28.02.2025 in connection with PRC Case No. 32/2025 arising out of Gossaigaon PS Case No. Page No.# 2/3 84/2024 under Section 302/34 of the IPC. 2. Learned Addl.Public Prosecutor Mr.M.P.Goswami is present for the State respondent who has raised serious objection stating that at this stage of trial, petitioner is not entitled to bail. Trial may be adversely affected if the petitioner is enlarged on bail. Considering the gravity of the offence charge sheet has been laid against the petitioner. 3. The learned counsel for the petitioner submits that the petitioner is 81 years old and it is not plausible that he is involved in such a heinous offence. Due to family dispute between both the parties, false allegations have been made against the petitioner. 4. I have considered the submissions at the Bar with circumspection. 5. This case is a charge sheeted case and a prima facie case has been found relating to the petitioner’s complicity and the I.O. has submitted charge sheet against him. 6. I have considered the age of the petitioner. I have also considered the fact that the petitioner is willing to co-operate with the trial. The petitioner has also prayed for bail on the ground of parity as co-accused Mofizul Hoque and Anowar Hussain have been granted bail by this court vide order dated 14.8.2025 in Bail Application No. 2312/2024. 7. It appears that bail may be granted to the petitioner. 8. The petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the learned trial court subject to the following conditions: i) The petitioner shall not exercise threats to the Page No.# 3/3 victim, ii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission. 8. On breach of any of the above conditions, learned trial court is at liberty to cancel bail granted to the petitioner. 9. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant