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2025 DAILYLAW 9774 (GAU)

ALTAB HUSSAIN v. THE STATE OF ASSAM

Bail Appln./955/2025 · 2025-04-23

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/4 GAHC010063392025 2025:GAU-AS:4961 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./955/2025 ALTAB HUSSAIN S/O LT.TOSIRUDDIN R/O JARANG PATHAR, NEAR MOINAPAR MASJID,P.S.HOJAI, DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, SAMIM RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24.04.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/ petitioner, who has been arrested in connection with Lumding P.S. Case No. 03/2025, under Section 25(1AA) of the Arms Act, 1959. Case Diary has been received and I have perused the same. It is submitted by Mr. Nawaz, learned counsel for the petitioner, that it is a case wherein there is a dispute between two brothers and one of the brother, namely, Ramji Ram, planted a gun in the house of another brother, namely, Krishna Ram, only because of a financial dispute between them. However, the allegation brought against the present petitioner is that he supplied the gun to said Ramji Ram, who is the brother of said Krishna Ram. He further submitted that the present accused/petitioner is in custody for last 82 days and hence, considering his length of detention, the petitioner may be released on bail. However, he is ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of bail. Mr. Goswami, learned Additional Public Prosecutor, submitted in this regard Page No.# 3/4 that there are sufficient incriminating materials against the present petitioner who supplied the gun to one of the co-accused so that it can be planted in the house of Krishna Ram. More so, he submitted that the FSL Report is still awaited and hence, he raised objection in granting bail to the present accused/petitioner. Considering the submissions made by the learned counsels for both sides, without going by the merit of the case and only considering the length of detention, I am of the view that the I.O. has got ample opportunity to interrogate the accused/ petitioner keeping him in custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- (Rupees twenty thousand) only with 1 (one) surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Hojai, the accused/petitioner, namely, Altab Husain, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and Page No.# 4/4 (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Hojai, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant