Babulal Narzary v. The State of Assam

Page No.# 1/3 GAHC010201952024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2948/2024 AYUB ALI S/O SYED ALI, R/O VILL-CHALANTAPARA PART-II, P.O.-CHALANTAPARA, P.S.-JOGIGHOPA, DIST-BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S H SIKDAR, MD IMRAN,MR. S HAQUE,MR. S K ZAMAN Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2925/2024 BABULAL NARZARY S/O LATE SUNIRAM NARZARY R/O VILL-GOSSAIGAON WARD NO. 4 P.S.-GOSSAIGAON DIST-KOKRAJHAR ASSAM PIN-783360 VERSUS Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. M KHAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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

04.10.2024

Both the petitions are taken up together for disposal as they have arisen out of the same police case.

¶2Heard the learned senior counsel Mr. M.K. Choudhury assisted by Mr. M. Khan, learned counsel as well as Mr. S.H. Sikdar, learned counsel appearing for the petitioners. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam.

¶3Both the applications are filed under Section 483 of the BNSS, 2023 praying for releasing the petitioners, namely- (1) Ayub Ali and (2) Babulal Narzary on bail who were arrested in connection with Bongaigaon P.S. Case No.296/2024 under Sections 61(2)(a)/ 336(3)/ 316(2)/ 340(2)/ 316(4)/342(1) of the BNS, 2023.

¶4On 16th August, 2024, the District Transport Officer (DTO) Dipak Patowary had lodged an FIR before police alleging that while transferring a vehicle from Lakshadweep, the petitioner Babulal Narzary did not verify the documents. The District Transport Officer further alleged that without verifying those documents, Babulal Narzary had placed files before him for approving.

¶5It may be mentioned that in this case, the D.T.O. Dipak Patowary was also arrested. Similarly, Babulal Narzary was also arrested along with the petitioner Ayub Ali. Page No.# 3/3

¶6The case diary reveals that some people like the petitioner Ayub Ali bring those vehicles from outside the State and gets them registered at Bongaigaon District Transport Office and the DTO at Bongaigaon registered those vehicles.

¶7Both the petitioners were interrogated by police and they are now in judicial custody. They have completed more than 25 days in judicial custody.

¶8Mr. Das has objected to the bail prayer on the ground that these people are doing illegal acts.

¶9I have considered the submissions made by the learned counsel of both sides.

¶10This Court is of the opinion that the petitioners no longer deserve to be detained in custody. Their bail prayers are allowed.

¶11It is hereby directed the petitioners, namely- (1) Ayub Ali and (2) Babulal Narzary who were arrested in connection with Bongaigaon P.S. Case No.296/2024 under Sections 61(2)(a)/ 336(3)/ 316(2)/ 340(2)/ 316(4)/342(1) of the BNS, 2023, are allowed to go on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon. The bail application is disposed of accordingly. Case diary shall be returned.

JUDGE Comparing Assistant