Manowar Hussain v. The State of Assam

ORDER Date : 13.09.2024 Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

¶2By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Manowar Hussain, has prayed for Page No.# 2/3 bail in connection with Bongaigaon P.S. Case No. 279/2024 under Section 112(2)/3(5) of BNS r/w Section 14/15 of Assam Game and Betting Act, 1970.

¶3It has been submitted by the learned counsel for the petitioner that the petitioner was arrested on 14.08.2024 and since then he has been detained in custody. The allegation as per FIR is that the petitioner running an illegal gambling of teer from his house. Considering the length of detention, the petitioner may be enlarged on bail.

¶4Mr. Sarma, learned Additional Public Prosecutor for the State submits that considering the nature of offence as well as period of detention, bail may be considered.

¶5I have considered the submissions made by the parties. I have also perused the averments available in the record.

¶6Considering the background of the case as well as length of detention of the petitioner, this Court is inclined to grant bail to the petitioner.

¶7Accordingly, the petitioner, named above, shall be released on bail in connection with Bongaigaon P.S. Case No. 279/2024 under Section 112(2)/3(5) of BNS r/w Section 14/15 of Assam Game and Betting Act, 1970, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned CJM, Bongaigaon, Assam.

¶8The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned CJM, Bongaigaon, Assam without prior written permission from him/her;

(b) shall not, directly or indirectly, make any inducement, threat or promise to any Page No.# 3/3 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;

(c) shall not hamper with the investigation, or tamper with the evidence of the case.

¶9In the view of the above, the bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010188362024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2762/2024 MANOWAR HUSSAIN S/O LT. ABDUL KADER, R/O VILL- GHILAGURI, P.S. AND DIST- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN,MR. S M RAHMAN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI