Mahmudul Hassan @ Mahmudul Hussain and Anr v. The State of Assam

ORDER

12.09.2024

¶1Heard Mr. S. Munir, learned counsel for the petitioners namely, (i) Mahmudul Hassan, and (ii) Phulchand Ali @ Fulchan Ali. Page No.# 2/3

¶2The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 03.09.2024 in connection with Hatigaon P.S. Case No. 139/2024 registered under Section 379 of the IPC.

¶3Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that they have committed theft of motorcycle. The petitioners have been shown arrested in connection with this case. The petitioners have prayed for bail on the ground of parity as the co-accused have been enlarged on bail.

¶5Learned Additional Public Prosecutor has raised objection stating that the offence committed by the petitioners are of grave nature and the bail petition cannot be considered without the perusal of Case Diary.

¶6I have considered the submissions that the petitioners are willing to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if, imposed upon them. The petitioners are local residents and they are not flight risks.

¶7Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup,(M) under the conditions that:

(i) The petitioners shall co-operate with the remaining part of the investigation and appear before the Investigating Officer on every fortnight till completion of investigation, Page No.# 3/3

(ii) The petitioners shall refrain from such activities with which they are alleged, and

(iii) The petitioners shall not leave the jurisdiction of the Court without prior permission.

¶8On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶9In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010186562024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2744/2024 MAHMUDUL HASSAN @ MAHMUDUL HUSSAIN AND ANR S/O AYNAL HOQUE, R/O BATABARI, P.S.-BAGUAN, DIST- GOALPARA, ASSAM 2: PHULCHAND ALI @ FULCHAN ALI S/O AZIZUL RAHMAN R/O BATABARI P.S.-BAGUAN DIST- GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND