Sofikul Islam v. The State of Assam

ORDER Date : 31.07.2024

Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3 By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Sofikul Islam, has prayed for bail in connection with Hatigaon P.S. Case No. 168/2024 under Sections 13/14 of Game & Betting Act. It is submitted by the learned counsel for the petitioner that as per FIR, the petitioner was found selling teer tickets when he was apprehended. It is also submitted that the petitioner has been detained in custody for last 9 days since his arrest on 23.07.2024. It is further submitted that the petitioner is no way involved in the present case. Considering the background of the case as well as the length of detention, petitioner may be enlarged on bail. Mr. Goswami, learned Additional Public Prosecutor for the State has submitted that considering the gravity of the offence, bail may be considered to the petitioner. I have considered the submission of learned counsel for the parties. I have also perused the averments available in the record. In view of the above and considering the length of detention as well as the nature of offence as alleged in the FIR, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner, named above, shall be released on bail in connection with Hatigaon P.S. Case No. 168/2024 under Sections 13/14 of Game & Betting Act, on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount, to the satisfaction of learned CJM, Kamrup(M), Guwahati, Assam. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned CJM, Kamrup(M), Guwahati, 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; Page No.# 3/3

(c) shall not hamper with the investigation, or tamper with the evidence of the case. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010151322024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2226/2024 SOFIKUL ISLAM S/O AKBOR ALI VILL- NIJKATMIR, KALATALI P.S. SONTALI DISTRICT- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI