Allowed¶25

Nazrul Islam @ Nojirul Islam v. the State of Assam

Gauhati HC6 Feb 2025Bail Appln./181/2025

Case brief

AI extract

What is this about?

Gauhati High Court; Bail Appln./181/2025; decided 07.02.2025; Justice Robin Phukan; Section 483 BNSS 2023 bail petition; Lakhipur P.S. Case No. 10/2025; Sections 303(2)/317(2) BNS; Sections 53(1)(a)/54 Assam Excise Act, 2000; foreign liquor seizure; 46 cartons; Singsing Marak; Bamundanga Part-II; arrest 17.01.2025; 21 days custody; bail granted; bond Rs. 50,000/- with one surety; CJM Goalpara; FIR by SI(P) Bigyajit Das; advocates E. Ahmed, D. Hussain, M. Islam; APP K.K. Das; State of Assam.

What did the court decide?

Bail granted: the accused to be enlarged on bail on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned CJM, Goalpara; case diary to be returned. ¶25

Nazrul Islam @ Nojirul Islam Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Bail granted: the accused to be enlarged on bail on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned CJM, Goalpara; case diary to be returned.

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Issue for consideration

Whether the accused, Nazrul Islam @ Nojirul Islam, detained in jail hazot since 17.01.2025 in connection with Lakhipur P.S. Case No. 10/2025 (Sections 303(2)/317(2) of the BNS read with Sections 53(1)(a)/54 of the Assam Excise Act, 2000), should be enlarged on bail under Section 483, BNSS, 2023.

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Court's answer

The case diary indicates that although some materials have been collected against the accused, the seized foreign liquors were recovered from the house of one Singsing Marak and not from the possession of the present accused.

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Ratio / Principle

Balancing the period of detention (21 days since arrest on 17.01.2025) with the nature and gravity of the offence and the punishment prescribed, and considering the stage of investigation, further custodial detention of the accused is not warranted.

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Key takeaways

The accused is to be enlarged on bail on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned CJM, Goalpara.ratio¶24

Detailed headnote1 paragraphs

Gauhati High Court (Robin Phukan, J.), Bail Appln./181/2025, decided 07.02.2025: Petition under Section 483, BNSS, 2023 by accused Nazrul Islam @ Nojirul Islam, in custody 21 days since arrest on 17.01.2025 in Lakhipur P.S. Case No. 10/2025 (Sections 303(2)/317(2) of the BNS read with Sections 53(1)(a)/54 of the Assam Excise Act, 2000), arising from seizure of 46 cartons of foreign liquor from the house of one Singsing Marak. Perusing the case diary, the Court found that though some materials were collected against the accused, the seized liquor was recovered from the house of Singsing Marak and not from the accused's possession; balancing the period of detention against the nature and gravity of the offence, the prescribed punishment and the stage of investigation, further custodial detention was deemed unwarranted. Bail allowed on furnishing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned CJM, Goalpara; case diary returned.

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GAHC010013462025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./181/2025

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NAZRUL ISLAM @ NOJIRUL ISLAM S/O ABAD ALI, R/O VILLAGE PANDOBA, P.S. BAGUAN, DISTRICT GOALPARA, ASSAM, PIN 783120

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MD E AHMED, MR. D HUSSAIN,MR M ISLAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 07.02.2025

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Heard Mr. E. Ahmed, learned counsel for the accused and Mr. K.K. Das, learned Additional Public Prosecutor for the State respondent.

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This petition, under Section 483, BNSS, 2023 is preferred by accused, namely, Nazrul Islam @ Nojirul Islam, who has been languishing in jail hazot in connection with Lakhipur P.S. Case No. 10/2025, under Sections 303(2)/317(2)

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of the BNS, read with Sections 53(1)(a)/54 of the Assam Excise Act, 2000, for grant of bail.

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It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI(P) Bigyajit Das of Baguan P.S. on 16.01.2025. The essence of allegation against the present accused is that acting on a tip off, the informant, along with other staff, apprehended one Nazrul Islam and during interrogation, he disclosed that huge quantity of stolen foreign liquors were being stored in the house of one Singsing Marak of village Bamundanga Part-II, and accordingly, a search was conducted in the house of Singsing Marak and during search, 46 numbers of cartons of foreign liquor were seized in presence of witnesses by preparing seizure list.

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Mr. Ahmed, the learned counsel for the accused submits that the accused was arrested on 17.01.2025 and since then, he has been languishing in jail hazot for last 21 days, and that nothing has been recovered from his possession and that the seized foreign liquors were recovered from the house of one Singsing Marak of another village, namely, Bamungdanga Part-II, and that the accused is ready to cooperate with the investigating agency, and therefore, it is contended to allow this petition.

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On the other hand, Mr. Das, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the I.O. has collected some materials against the present accused and that on the basis of information received from the present accused, the seized foreign liquors were recovered from the house of Singsing Marak, and therefore, Mr. Das has opposed the petition.

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Having heard the submissions of learned Advocates of both sides, I have

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carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Das, learned Additional Public Prosecutor.

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It appears that the accused was arrested on 17.01.2025 and since then, he has been languishing in jail hazot for last 21 days. Further, the case diary indicates that though some materials have been collected against the present accused, yet the seized foreign liquors were recovered from the house of one Singsing Marak and not from the possession of the present accused, and balancing the period of detention with that of the nature and gravity of the offence and punishment prescribed for the same and further considering the stage of investigation, further custodial detention of the accused seems to be not warranted here in this case, and accordingly, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned CJM, Goalpara, the accused be enlarged on bail.

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In terms of above, this bail application stands disposed of.

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Case diary be returned.

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JUDGE

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Comparing Assistant

Nazrul Islam @ Nojirul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

Nazrul Islam @ Nojirul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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