Jahirul Islam v. The State of Assam

PageoNo.#o1/3 GAHC010271712024 ooooooo 2024:GAU-AS:13017 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3932/2024o JAHIRULoISLAMo S/OoAMIRoUDDINo R/OoBOROoRAVAARYoPT.oIo(BALUGHAT)o P.O.oRAVATARYo P.S.oSOUTHoSALMARA,o DIST.oDHUBRI,oASSAMo PIN-783127o PRESENToADDRESS-o R/OoBLOCKoB,oBHASKARoNAGAR,oNEARoKALIoMANDIR,o P.O.oFATASHILoAMBARIo P.S.oFATASHILoAMBARIo DIST.oKAMRUPo(M),oASSAMo PIN-781025 VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oMoUoMONDAL,oMRoKoISLAM,MS.oNoNASRIN,MRoAo ALIMoSKo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

20-12-2024

¶1Heard Mr. M. U. Mondal, learned counsel appearing for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State.

¶2The present bail application is filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 for granting regular bail to the petitioner, namely, Jahirul Islam, who was arrested on 09.12.2024 in connection with Fatasil Ambari P.S. Case No. 327/2024 registered under Sections 299/3(5) of BNSS, 2023 read with Section 13(1) of the Assam Cattle Preservation Act, 2021.

¶3I have considered the submissions made by the both sides.

¶4Considering the gravity of offence, the nature of allegation and the period of detention of the petitioner's in custody, this Court is of the opinion that no further custodial interrogation/detention of the petitioner is required. Accordingly, the bail prayer of the petitioner is allowed.

¶5It is hereby directed that the petitioner, namely, Jahirul Islam be released on bail on furnishing a bail bond of Rs.20,000/- with one solvent surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati.

¶6The bail is granted on the following conditions:

(i) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the Page No.# 3/3 facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.,

(iii) The petitioner shall not repeat such kind of offences in the locality.

(iv) The petitioner shall appear before the Investigating Officer on each and every date as and when called for.

¶7This bail application stands disposed of accordingly.

JUDGE

Comparing Assistant