Hussain Ali Alais Hosen Ali v. The State of Assam

ORDER

14.08.2024

Heard Mrs. S A Choudhury, learned counsel for the petitioner as well as Mr. P Borthakur, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner, namely, Hussain Ali @ Hosen Ali, who was arrested in connection with Guwahati GRPS Case No. 154/2024 (GR Case No. 3948/2024) registered under Sections 61(2)/303(2)/317(4)/318(4)/336(3)/340(2) of Bharatiya Nyay Sanhita, 2023, has prayed for grant of bail. Page No.# 2/2 On 06.07.2024, the petitioner found carrying 750 kgs of betel nuts in a train. Police suspected that the said betel nuts were of foreign origin. It has been submitted that the petitioner purchased the betel nuts from somebody belonging to the State of Nagaland. I have considered the submission made by the learned counsel of both sides. Considering the period of detention, already undergone by the petitioner, I am of the opinion that the petitioner does not deserve to be detained in custody for further period of time. Hence, the prayer for bail is allowed. Accordingly, the petitioner namely, Hussain Ali @ Hosen Ali, who was arrested in connection with Guwahati GRPS Case No. 154/2024 (GR Case No. 3948/2024) registered under sections 61(2)/303(2)/317(4)/318(4)/336(3)/340(2) of Bharatiya Nyay Sanhita, 2023 shall be released on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. The bail application is disposed of.

JUDGE

Comparing Assistant

Page No.# 1/2 GAHC010163912024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2414/2024 HUSSAIN ALI ALAIS HOSEN ALI S/O SAMSUL HAQUE R/O VILL- NO. 1 GAYAN GAON, MAIRABARI P.S. DHING, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE PP, ASSAM Advocate for the Petitioner : MR I RAFIQUE, MS A AFREEN,MRS S A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA