Sahidulislam and Anr v. The State of Assam

ORDER 10-06-2024 Heard Mr. J Roy, learned counsel for the petitioners and Mr. R J Baruah, learned Additional Public Prosecutor, Assam for the State.

¶2This is an application made under Section 439 Cr.P.C., seeking bail by the petitioners, namely, (i) Sahidul Islam and (ii) Mozidul Islam in connection with Bilasipara Police Station Case No. 129/2024, registered under Sections 14/15 of the Assam Game and Betting Act, 1970.

¶3Learned counsel for the petitioners has submitted that both the petitioners have been detained in custody for the last 16 days, without committing any offence.

¶4As per the FIR of the case, the allegation is that the petitioners were involved in illegal betting of IPL, but it is submitted that they were not connected with any such illegal betting, which is also not reflected in the FIR.

¶5On the other hand, Mr. R J Baruah, learned Additional Public Prosecutor, Assam has produced the case diary and has submitted that as per the case diary, it is only stated that the petitioners were involved in illegal betting of IPL.

¶6In view of the above and considering the length of detention, this Court is inclined to grant bail to the petitioners.

¶7Accordingly, the petitioners, named above, shall be released on bail in connection with Bilasipara P.S. Case No. 129/2024, registered under Sections 14/15 of the Assam Game and Betting Act, 1970, on furnishing bail bond of Rs.20,000/- each with one suitable surety each of the like amount, to the satisfaction of learned SDJM, Bilasipara, Assam. Page No.# 3/3 The direction for bail is further subject to the conditions that the petitioners:

(a) shall not leave the territorial jurisdiction of learned SDJM, Bilasipara, Assam without prior written permission from him/her;

(b) 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;

(c) shall not hamper with the investigation, or tamper with the evidence of the case.

¶8In terms of the above, this bail application stands disposed of.

¶9Send back the case dairy.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010110382024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1596/2024o SAHIDULISLAMoANDoANR.o S/OoSAMSULoHOQUEo PERMANENToR/OoVILL-oCHACHAPARAo WARDoNO.o3,oP.O.oANDoP.S.oBILASIPARA,o DIST.oDHUBRI,oASSAMo PIN-783348 2:oMOZIDULoISLAM oS/OoPERMANENToRESIDENToOFoVILL-oHAKAMAoPT.-4 o WARDoNO.o8 oP.O.oANDoP.S.oBILASIPARA o DIST.oDHUBRI oASSAMo PIN-78334o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oJYOTIRMOYoROYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI