This bail application under BNSS Section 483 was allowed. The petitioners, arrested for illegal gambling, were granted bail with a bond of Rs. 30,000 each, subject to strict conditions including cooperation with investigation and appearing fortnightly.
Bail of Rs. 30,000/- each with suitable surety granted under specified conditions.
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GAHC010149292024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2176/2024
YUSUF ALI AND 2 ORS S/O- LATE ALI AHMED, R/O- KATAHBARI, PS- GARCHUK, DISTRICTKAMRUP (M), ASSAM
2: SHAHID SHAH S/O- NORUTAN SHAH R/O- KATAHBARI SULTAN ALI PATH PS- GARCHUK DISTRICT- KAMRUP (M) ASSAM 3: IMRUL SARKAR S/O- KHALEK SARKAR R/O- KATAHBARI FAKARUDDIN PATH PS- GARCHUK DISTRICT- KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP BY PP ASSAM
Advocate for the Petitioner : MR KUTUB ALI, MR M RAHMAN,MD S ALI
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 05.08.2024
Heard Mr. S. Ali, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam for the State respondent.
The petitioners, namely, 1. Yusuf Ali, 2. Shahid Shah and 3. Imrul Sarkar have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) for granting bail as they are behind bars since 22.07.2024 in connection with Garchuk P.S. Case No. 221/2024 registered under Sections 14/15 of the Assam Game and Betting Act, 1970.
Case diary is received. I have perused the same.
The learned counsel for the petitioners has submitted that the petitioners are willing to cooperate with the investigation and they will abide by any stringent bail conditions if imposed upon them.
The learned Addl. P.P., Assam has submitted that the petitioners were caught red handed while they were illegally gambling inside the hotel.
The learned Addl. P.P. has raised objection as there are incriminating materials against the petitioners and the investigation is at its nascent stage.
I have considered the submissions at the bar with circumspection. I have also considered the submission of the learned counsel for the petitioners that the petitioners are willing to abide by any stringent bail conditions, if imposed upon them.
Considering all aspects of the matter and in view of foregoing discussions, the bail petition is allowed. The petitioners are enlarged on bail of Rs. 30,000/- (Rupees thirty thousand) each with a suitable surety of the like amount to the satisfaction of the learned CJM, Kamrup (M) under the conditions that :
On breach of any of the bail conditions, bail order shall stand cancelled.
Send back the case diary.
The bail application is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant bail to petitioners accused of illegal gambling under the Assam Game and Betting Act, 1970
Whether bail conditions adequately address concerns of incriminating materials in nascent stage investigation
1 provisions across 1 enactments
YUSUF ALI AND 2 ORS
THE STATE OF ASSAM
SUSMITA PHUKAN KHAUND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
