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2026 DAILYLAW 5619 (GAU)

NUR UDDIN v. THE STATE OF ASSAM

Bail Appln./1051/2026 · 2026-05-06

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010076662026 2026:GAU-AS:6310 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1051/2026 NUR UDDIN SON OF HASEN ALI VILL- CHAULDIYA, P.S. BOKO DIST. KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS A BEGUM, MS A KHATUN,P ADHIKARI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 07.05.2026 Heard Ms. A. Khatun, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Nur Uddin, who is stated to have been in custody since 07.11.2025, has prayed for bail in connection with Sessions Case No. 116/2025 arising out of Nagarbera P.S. Case No.25/2025 under Sections 303(2)/281/125/109/3(5) of BNS, 2023, R/W Section 3 of the Prevention of Damage to Public Property Act, 1984 corresponding to G.R Case No.108(k)/2025. 3. The allegation against the petitioner is that he attempted to flee in his vehicle with a stolen goat belonging to the informant. There were other goats also found in the same vehicle. When the police pursued the vehicle, the petitioner allegedly tried to escape, which resulted in injuries to a bystander standing beside his parked motorcycle. The said bystander has sustained grievous injuries. 4. Charge-sheet has been laid against the petitioner. 5. It is submitted at the Bar that trial is at an initial stage and without evidence, the petitioner is not entitled to bail. 6. The learned Additional Public Prosecutor has raised serious objection stating that the petitioner’s conduct disentitles him to bail as P&A has been Page No.# 3/3 issued against the petitioner. The petitioner appears to be flight risk. 7. I have considered the submissions on behalf of the petitioner that he has been behind bars since 07.11.2025 and investigation has been completed. It is further submitted that the petitioner is willing to cooperate with the trial. 8. I have also considered submission that the petitioner is willing to abide by any stringent bail conditions, if imposed upon him. 9. Considering the entire aspect of the matter, the above-named petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the learned trial court with following conditions: (i) That the petitioner shall appear regularly on each date fixed; (ii) That the petitioner shall cooperate with the trial and shall not leave the jurisdiction of the Court without prior permission, till completion of trial. 10. On breach of any of the bail conditions, bail order shall stand cancelled. 11. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant