Nizam Uddin v. The State of Assam

ORDER 18-12-2024 Heard Mr. S Munir, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

¶2By this application filed under Section 483 of the BNSS, 2023, the petitioner, namely, Nizam Uddin, son of Md. Alek Chan, resident of village-Gutipara, P.S.-Bilasipara, District-Page No.# 2/3 Dhubri is seeking bail in Jalukbari Police Station Case No. 530/2024, registered under Sections 331(4)/305 of the BNS, 2023, corresponding to G.R. No. 6215/2024, in which he was arrested on 24.10.2024 and is in custody since then.

¶3As per the FIR dated 20.10.2024 lodged before the Officer-in-Charge of Jalukbari Police Station by the complainant/informant, the case is that the complainant/informant is a resident of Pandu College Gate near Ramkrishna Mission under Jalukbari Police Station of Kamrup (Metro) and on 19.10.2024, when the complainant was not at home and went to Bongaigaon to pick up his wife, some strangers entered into his house, broke the godrej lock and stole highly valuable gold ornaments, laptops and cash from his house.

¶4Accordingly, Jalukbari Police Station Case No. 530/2024 was registered under Sections 331(4)/305 of the BNS, 2023, corresponding to G.R. No. 6215/2024.

¶5Petitioner's earlier Bail Application, being B.A. No. 3379/2024 was rejected by this Court on 03.12.2024.

¶6Perused the case diary placed before the Court today by Mr. K K Parashar, learned APP, Assam.

¶7Mr. K K Parashar, learned APP, Assam, from the case diary has submitted that from the possession of the petitioner, a gold chain, AC copper pipe, a golden colored bangle and Rs. 8,000/- was recovered.

¶8Considering the materials in the case diary and the detention of the petitioner since

24.10.2024, this Court is of the opinion that further custodial detention of the petitioner is not warranted to investigate said Jalukbari P.S. Case No. 530/2024. As such, this bail application is accepted.

¶9Accordingly, the petitioner, namely, Nizam Uddin, son of Md. Alek Chan be released on bail in said Jalukbari P.S. Case No. 530/2024 on furnishing bail bond of Rs. 40,000/-, with two local sureties each of the like amount, one of which shall be a Government Employee, either State or Central Government, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(Metro), Guwahati, subject to the conditions that petitioner, named above —

i) shall appear before the concerned Investigating Officer of said Jalukbari P.S. Case Page No.# 3/3 No. 530/2024, as and when he is required in the said case;

ii) shall not leave the territorial jurisdiction of Jalukbari Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case;

iii) shall not hamper with the investigation, or tamper with the evidence of the case;

iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer and;

v) shall not involve himself in any criminal activities in future.

¶10Any violation of the aforesaid terms and conditions by the petitioner, namely, Nizam Uddin, the bail granted to him in said Jalukbari P.S. Case No. 530/2024 shall stand automatically vacated.

¶11This bail application accordingly stands allowed.

¶12Return the Case Diary herewith.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010263752024 2024:GAU-AS:12913 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3815/2024 NIZAM UDDIN S/O MD. ALEK CHAN R/O GUTIPARA P.S. BILASIPARA, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK