Shahidul Islam @ Shahedul Islam v. The State of Assam

ORDER

14.08.2024

¶1Heard Mr. J. A. Ahmed, learned counsel for the petitioner Shahidul Islam @ Shahedul Islam.

¶2The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 10.07.2024 in connection Page No.# 2/3 with Geetanagar Police Station Case No. 144/2024 under Section 303(2) of the BNS, 2023.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that he has committed theft of telecom articles from house No. 484 of the informant. The articles are valued at Rs. 7 lacs.

¶5The petitioner has approached the jurisdictional Court for bail, but his prayer for bail was rejected.

¶6I have considered the length of detention. It appears that investigation may have presumably progressed to a certain extent.

¶7I have considered the submissions that the petitioner is willing to cooperate with the remaining part of the investigation and he is willing to abide by any stringent bail conditions, if imposed upon him. The petitioner is a local resident and he is not a flight risk.

¶8Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (M), under the conditions that:

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

(ii) The petitioner shall appear before the Investigating Officer every fortnight till completion of the investigation, and Page No.# 3/3

(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. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010162092024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2409/2024 SHAHIDUL ISLAM @ SHAHEDUL ISLAM S/O ALIMUDDIN, VILL- KURIHAMARI, P.S.-MUKALMUA, DIST- NALBARI, ASSAM, PIN-781126 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N HUSSAIN, MR. J A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND