Nur Islam v. The State of Assam

Page No.# 1/2 GAHC010270912024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3875/2024 NUR ISLAM S/O HOBIBUR RAHMAN , RESIDENT OF VILLAGE BHARALUWA, PS NORTH LAKHIMPUR, DIST LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : I AMIN, MR N ZAMAN,MR. A K PURKAYASTHA Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

18.12.2024

Heard Mr. A.K. Purkayastha, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2

¶2This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Nur Islam has prayed for releasing him on bail after he was arrested in connection with Laluk P.S. Case No.199/2024 under Section 303(2) of the BNS, 2023.

¶3The petitioner is the registered owner of a vehicle. On 22.11.2024, Abdul Kalam lodged an FIR before police stating that in the night of 20.11.2024, two bulls from his house were stolen and when the bulls were being taken in a vehicle, the vehicle was stopped by public and those bulls were recovered, apart from some other cows also.

¶4The petitioner submits that he is the owner of the vehicle but it was driven by his paid driver. According to the petitioner, he has no knowledge about the said of occurrence.

¶5The petitioner has completed 25 days in judicial custody.

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

¶7This Court is of the opinion that the petitioner no longer deserves to be detained in custody. Therefore, the bail application of the petitioner is allowed.

¶8The petitioner, namely-Nur Islam who was arrested in connection with Laluk P.S. Case No.199/2024 under Section 303(2) of the BNS, 2023, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, Assam. With the above direction, the bail application is disposed of.

JUDGE Comparing Assistant