Abdul Sk @ Abdul Alim Sheikh v. the State of Assam

Gauhati HC12 Jun 2025Bail Appln./1940/2025

Case brief

AI extract

What is this about?

Gauhati High Court bail order dated 13.06.2025 in Bail Appln./1940/2025 by Justice Parthivjyoti Saikia, allowing bail under Section 483 BNSS 2023 to Abdul SK @ Abdul Alim Sheikh, accused in Special Case No.47/2018 / Dhubri P.S. Case No.691/2016 before the Special Judge Cum Additional District and Sessions Judge, Dhubri. Petitioner had defaulted in appearance during trial, voluntarily appeared on 18.02.2025 with an explanation, and was remanded to custody; 115 days detention completed; other accused yet to appear; State opposed on conduct. Bail granted on personal bond of Rs.25,000/- with surety of like amount, subject to regular attendance at trial.

What did the court decide?

Release on bail of Rs.25,000/- with a surety of like amount, subject to regular appearance before the Trial Court on each and every date of hearing. ¶¶25

Abdul Sk @ Abdul Alim Sheikh Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Release on bail of Rs.25,000/- with a surety of like amount, subject to regular appearance before the Trial Court on each and every date of hearing.

¶¶25

Issue for consideration

Whether the petitioner, who had defaulted in appearance during trial and was remanded to custody by the Trial Court despite voluntarily appearing on 18.02.2025 with an explanation for his earlier absences, should be released on bail.

¶¶20

Court's answer

Since the petitioner had voluntarily appeared before the Trial Court, he does not deserve to be detained in custody for any further period of time.

¶¶24

Ratio / Principle

The bail application is allowed; the petitioner shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge Cum Additional District and Sessions Judge, Dhubri.

¶¶26

Key takeaways

As a condition of release, the petitioner shall regularly appear before the Trial Court on each and every date of hearing; if he fails to appear without showing satisfactory reasons, the Court may procure his attendance in accordance with the procedure laid down by law.ratio¶¶29

Detailed headnote1 paragraphs

Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Gauhati High Court, Parthivjyoti Saikia J., 13.06.2025) in respect of Special Case No.47/2018 arising out of Dhubri P.S. Case No.691/2016, pending before the learned Special Judge Cum Additional District and Sessions Judge, Dhubri. The petitioner, facing trial in that case, had defaulted in appearance on some dates; on 18.02.2025 he voluntarily appeared and filed a petition showing cause for his earlier absences, but the Trial Court did not agree and remanded him to custody. Counsel for the petitioner pointed out that other accused persons were yet to appear and that the petitioner had already completed 115 days detention in custody; the learned Additional Public Prosecutor opposed bail on the ground of the petitioner's conduct. Held: since the petitioner had voluntarily appeared before the Trial Court, he does not deserve to be detained in custody for any further period of time; the bail application is allowed — release on bail of Rs.25,000/- with a surety of like amount, conditioned on regular appearance before the Trial Court on each and every date of hearing, failing which the Court may procure his attendance in accordance with the procedure laid down by law.

Page No.# 1/3

GAHC010126382025

undefined

THE GAUHATI HIGH COURT

¶5

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

¶6

Case No. : Bail Appln./1940/2025

¶7

ABDUL SK @ ABDUL ALIM SHEIKH S/O- MD. SATTAR SK,

¶8

R/O- AIRONJONGLA PT III, PS- DHUBRI, DISTRICT- DHUBRI, ASSAM, PIN -783323

¶9

VERSUS

¶10

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

¶11

Advocate for the Petitioner : MS P BARMAN, MR. SANU HUSSAIN

¶12

Advocate for the Respondent : PP, ASSAM,

¶13

BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

¶14

ORDER

¶15

Date : 13.06.2025

¶16

1. Heard Mr. A. Thakur, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam.

¶17

2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special Case No.47/2018, arising out of Dhubri

¶18

Page No.# 2/3

¶19

P. S. Case No.691/2016, pending in the Court of the learned Special Judge Cum Additional District and Sessions Judge, Dhubri.

¶20

3. The petitioner was facing trial before the Court below, thereafter he defaulted in appearance on some dates. On 18.02.2025, he voluntarily appeared and by filing a petition showing the cause of his absence on the previous occasions, but the Trial Court did not agree with the petitioner and remanded him to custody.

¶21

4. It has been submitted that there were other accused persons also, who are yet to appear, the petitioner has already completed 115 days detention in custody.

¶22

5. Mr. Das, learned Additional Public Prosecutor has objected to this bail prayer on the ground that the conduct of the petitioner was not good and that is why he remanded to custody.

¶23

6. I have considered the submission made by learned counsel for both the sides.

¶24

7. Since the petitioner had voluntarily appeared before the Trial Court, this Court is of the opinion the he does not deserve to be detained in custody for any further period of time.

¶25

8. Therefore, the bail application of the petitioner is allowed.

¶26

9. The petitioner Abdul SK @ Abdul Alim Sheikh, who is facing trial in in respect of Special Case No.47/2018, arising out of Dhubri P. S. Case No.691/2016, pending in the Court of the learned Special Judge Cum Additional District and Sessions Judge, Dhubri shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge Cum Additional District and Sessions Judge,

¶27

Page No.# 3/3

¶28

Dhubri, Assam.

¶29

10. The petitioner shall regularly appear before the Trial Court on each and every date of hearing, if he fails to appear before the Trial court without showing satisfactory reasons, the Court shall have to liberty to procure his attendance in accordance with the procedure as laid down by law.

¶30

11. The bail application stands disposed of.

¶31

JUDGE

¶32

Comparing Assistant

Abdul Sk @ Abdul Alim Sheikh v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abdul Sk @ Abdul Alim Sheikh 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Biplab Biswas Vs the State of Assam and Anr.

Arup Barman Vs the State of Assam

Liyakat Ali@ Riyakat Ali Laskar Vs the Stateof Assam and Anr.

Kabindra Narzary Vs Khurshid Alom

Kabindra Narzary Vs Khurshid Alom

Bilat Ali Alias Billathali Vs the State of Assam