Israil Ali v. The State of Assam

Page No.# 1/3 GAHC010207722024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3063/2024 MD. HEDAITUL ISLAM @ HEDAITUL ISLAM AND ANR S/O SOLMAN ALI, VILL-MOHGHULI, P.S.-NORTH LAKHIMPUR, DIST-LAKHIMPUR, ASSAM 2: MD ABUL BASAR @ ABDUL BASAR S/O AMJAD ALI VILL-MOHGHULI P.S.-NORTH LAKHIMPUR DIST-LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2759/2024 ISRAIL ALI S/O ATAR ALI VILL-1 NO. AHEMEDPUR P.S.-BIHPURIA PIN-787054 Page No.# 2/3 DIST-LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MS. S G BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

04.11.2024

Heard Ms. S.G. Baruah, the learned counsel appearing for the petitioner. Also heard Mr. R.J. Baruah, the learned Addl. Public Prosecutor, Assam.

¶2Both the bail applications are filed under Section 483 of the BNSS, 2023 in respect of Bihpuria P.S. Case No.112/2024 corresponding to G.R. Case No.517/2024 under Sections 61(2)(a)/318(4)/316(2)/178/179 of BNS, 2023.

¶3The petitioner Israil Ali, Md. Hedaitul Islam @ Hedaitul Islam and Md. Abul Basar @ Abul Basar were arrested for possessing fake Indian currency notes.

¶4From Israil Ali, ₹1,90,000/- fake currency notes were recovered. From the possession of Md. Hedaitul Islam @ Hedaitul Islam, ₹1,13,000/- and from Md. Abul Basar @ Abul Basar, ₹49,000/- Indian currency notes were recovered. The currency notes which were recovered from these two persons are not alleged to be fake. Page No.# 3/3

¶5It is alleged that in order to sale fake gold, these two persons had accepted the aforesaid money.

¶6Ms. Baruah submits that Israil Ali had already spent 78 days in judicial custody. Ms. Baruah prays that his period of detention should be taken as a ground for releasing him on bail. The other two persons, namely-Md. Hedaitul Islam @ Hedaitul Islam and Md. Abul Basar @ Abul Basar have spent 82 days in judicial custody.

¶7Ms. Baruah made similar prayer for those two persons also.

¶8I have also heard the learned counsel of both sides in the light of the materials available before this Court.

¶9This Court is of the opinion that the offence allegedly committed by Mr. Israil Ali is a serious one. Therefore, he does not deserve to be released on bail. Accordingly, his prayer for regular bail is rejected.

¶10So far as the bail prayers of Md. Hedaitul Islam @ Hedaitul Islam and Md. Abul Basar @ Abul Basar are concerned, this Court is of the opinion that they do not deserve to be detained in custody for a further period of time. Accordingly, their bail applications are allowed.

¶11The petitioners Md. Hedaitul Islam @ Hedaitul Islam and Md. Abul Basar @ Abul Basar are allowed to be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur. Both the bail applications are disposed of accordingly. Case diary shall be returned.

JUDGE Comparing Assistant