Sahar Uddin Ali @ Sahar Uddin v. The State of Assam

ORDER

23.09.2024

¶1Heard Mr. M. I. Hussain, learned counsel for the petitioner Sahar Uddin Ali @ Sahar Uddin.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

05.08.2024 in connection with Bongaigaon P.S. Case No. 188/2024 registered under Section 380 of the IPC.

¶3Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that he is involved in committing theft from the shop of the informant. It is alleged that he has committed theft of liquor and cash from the cash box.

¶5Learned Additional Public Prosecutor has raised objection stating that the offence committed by the petitioners are of grave nature. It is submitted on behalf of the petitioners that petitioner is behind bars for 50 days.

¶6It is submitted on behalf of the petitioner that he has approached the learned Trial Court but the Trial Court has rejected the bail petition of the petitioner.

¶7I have considered the submission that further custodial detention may not be required for the progress of investigation as it appears that investigation may have presumably progressed to a considerable extent. The petitioner has pledged to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if, imposed upon him.

¶8Considering all aspects, petition is allowed. The petitioner shall be enlarged Page No.# 3/3 on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Bongaigaon under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged,

(ii) The petitioner shall not jump the bail, and

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

¶9On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶10In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010198722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2891/2024 SAHAR UDDIN ALI @ SAHAR UDDIN S/O MUNNAF ALI VILL- KAURAHATI P.S. MUKALMUA DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,N. UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND