Ayub Ali and Anr v. The State of Assam

ORDER Date : 03-10-2024 Heard Mr. N. Uddin, learned counsel for the petitioners, 1. Ayub Ali 2. Mahibar Ali, who have filed this application under Section 483 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since

21.08.2024 in connection with North Guwahati P.S. Case No.114/2024 under Sections 303(2)/317(2)/3(5) of the BNS, 2023.

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam.

¶3Learned Additional Public Prosecutor has submitted that there are incriminating materials in the case diary against the petitioners. Several account details of several persons have been found in the custody of the petitioners in their mobile phone.

¶4Learned Additional Public Prosecutor has raised serious objection in granting bail to the petitioners as the investigation is still under progress.

¶5I have scrutinized The Case Diary and there are incriminating materials against the petitioners in the case diary. On suspicion there was a search conducted in the rented room of the petitioners and three mobile hand sets, three sim cards and four debit cards, a visa card and a thumb scanner were recovered from their possession. The investigation of the case has progressed to a considerable extent. It appears that further custodial detention may not be required for further investigation of the case.

¶6Considering all aspect, I deem it proper to grant bail to the petitioners. The petitioner are enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety each of the like amount to the satisfaction of the learned CJM, Kamrup (Amingaon) under the conditions that :

(i) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation,

(ii) the petitioners shall refrain from such activities with which they alleged; Page No.# 3/3

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

¶7On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶8In terms of the above observation, this Bail Application stands disposed of.

¶9Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010201472024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2944/2024 AYUB ALI AND ANR S/O SAMSUL HAQUE RESIDENT OF VILLAGE GOANBURHAPAM, PS SUALKUCHI RIVER, DIST KAMRUP ASSAM 2: MAHIBAR ALI S/O HAZARAT ALI RESIDENT OF VILLAGE GOANBURHAPAM PS SUALKUCHI RIVER DIST KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MD. SAFIQUL ISLAM, MR. M ISLAM,MR. N UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND