Shaha Alom Mondal @ Sah Alom and Anr v. The State of Assam

Page No.# 1/4 GAHC010203082024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2973/2024 ROFIQUL ISLAM @ RAFIQUL ISLAM S/O LT. KALIMUDDIN MONDAL, R/O VILL-MANTRIRCHAR, P.S.-SOUTH SALMARA, DIST-DHUBRI, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : A W AMAN, A S CHOUDHURY,SAMIM RAHMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2546/2024 SHAHA ALOM MONDAL @ SAH ALOM AND ANR S/O KALIMUDDIN MONDAL RESIDENT OF VILLAGE MANTRIRCHAR PS SOUTH SALMARA DIST DHUBRI ASSAM 2: SOMESH ALI @ SHOMESH ALI S/O LATE SEBAD ALI RESIDENT OF VILLAGE MANTRIRCHAR PS SOUTH SALMARA DIST DHUBRI Page No.# 2/4 ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR SARFRAZ NAWAZ Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./3085/2024 SAHINUR MONDAL @ RAHMAN @ SHAHINUR RAHMAN S/O LT. KALIMUDDIN MONDAL R/O VILL-MANTRIRCHAR P.S.-SOUTH SALMARA DIST-DHUBRI ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : A W AMAN Advocate for : PP ASSAM appearing for STATE OF ASSAM

BEFORE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA 29-10-2024

Heard Mr. S Das, learned counsel appearing for the petitioners and Mr. R.J.Boruah, learned Additional Public Prosecutor, Assam for the State. Page No.# 3/4

¶2Both the bail applications being BA Nos. 2973/2024 & 3085/2024 are filed under Section 483 of BNSS, 2023 for granting regular bail to the petitioners, namely, (i) Rofiqul Islam @ Rafiqul Islam and (ii) Sahinur Mondal @ Rahman @ Shahinur Rahman respectively, who were arrested in connection with South Salmara P.S. Case No. 148/2024, registered under Sections 303(2)/317(2)/111(1)(i)(2)(b) of the BNSS, 2023 and the bail application being AB No. 2546/2024 is filed under Section 482 of the BNSS, 2023 for granting pre-arrest bail to the petitioners, namely, (i) Shaha Alom Mondal @ Sah Alom and (ii) Somesh Ali @ Shomesh Ali in connection said P.S. Case, i.e., South Salmara P.S. Case No. 148/2024.

¶3The allegation brought against the petitioners is that on 10.07.2024 at about 01:00 am, the petitioners, namely, Shah Alom Mondal, Sahinur Mondal, Rafiqul Islam, Habej Ali, Somesh Ali, Akser Ali and some unknown persons have committed theft of 30 Nos. of solar batteries from the house of the informant.

¶4The police arrested Rafiqul Islam and on the basis of his evidence, Sahinur Mondal @ Rahman @ Shahinur Rahman was also arrested by police.

¶5The accused petitioner, Rofiqul Islam @ Rafiqul Islam has already spent 78 days in judicial custody, whereas the accused petitioner Sahinur Mondal has spent 35 days in judicial custody and the stolen goods are yet to be recovered.

¶6I have considered the submissions made by the both sides.

¶7Considering the period of detention of the petitioners' in custody only, the bail prayers of

(i) Rofiqul Islam @ Rafiqul Islam and (ii) Sahinur Mondal @ Rahman @ Shahinur Rahman are allowed . They shall be released on bail on furnishing a bail bond of Rs.20,000/- each with two local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, South Salmara Mankachar, Assam.

¶8So far as the prayer of the anticipatory bail is concerned, the prayers made by (i) Shaha Alom Mondal @ Sah Alom and (ii) Somesh Ali @ Shomesh Ali are not found to be satisfactory. Accordingly, the anticipatory bail application being AB No. 2546/2024 is rejected.

¶9These three bail applications are disposed of accordingly. Page No.# 4/4

¶10Case Diary shall be returned.

JUDGE Comparing Assistant