Somer Ali v. The State of Assam

ORDER Date : 07.11.2024 Heard Mr.S. Das, learned counsel appearing for the petitioner. Also heard Mr. Bankim Sarma, learned Additional P.P. for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 in respect of Kalgachia P.S. Page No.# 2/2 Case No. 63/2024.

¶3On 25.05.2024, the 43 year old deceased Ainal Hoque Mandal went missing. Next day, some articles belonging to him was recovered by the side of the river. On 29.05.2024, his dead body was found floating in the river. It was noticed that his hands and feet were tied with a plastic rope and the neck was tied with a piece of cloth.

¶4The case diary reveals that there are no sufficient materials against the petitioners the petitioner to justify his custodial interrogation.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6This Court is of the opinion that for the aforesaid circumstances, the present petitioner does not deserve to be detained in custody. Therefore, his pre-arrest bail application is allowed.

¶7It is hereby directed that in the event of arrest in connection with Kalgachia P.S. Case No. 63/2024, the petitioner, Somer Ali shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the arresting authority.

¶8The petitioner shall appear before the Investigating Officer within next 7 (seven) days from today.

¶9With the aforesaid directions, the bail application stands disposed of CD shall be returned. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010218092024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2798/2024 SOMER ALI S/O ABUL HUSSAIN R/O VILL- JOYPUR, TARAKANSDI, KALGACHIA, DIST. BORPETA, ASSAM PIN-781321 VERSUS THE STATE OF ASSAM REP BY THE LD. PP, ASSAM Advocate for the Petitioner : MR A DEKA, MR P SONOWAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA