Abdul Khalek Vs the State of Assam

1. Heard Mr. K. Thakur, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State

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of Assam.

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2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Md. Abdul Khalek, who has been detained behind the bars since 03.05.2025 (for the last 73 days) in connection with Dalgaon P.S. Case No. 84/2025, under Sections 109/117(2)/118(2)/121(2) / 127(2)/132/189(2)/3(5)/324(5) /61(2) of BNS, 2023 R/W Section 3(1) of Prevention of Damage to Public Property Act, 1984.

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3. The gist of accusation in this case is that on 26.04.2025, one Trilochan Deka of Silbori Police out Post had lodged an FIR, inter alia, alleging that on the said date at around 8.30 pm, the informant along with some other police personal went to Silbori “Sand Mahal” on getting a report about commotion at that place. It is alleged in the FIR that when the informant along with other police personal reached at the Sand Mahal, the accused person along with hundred other persons stopped their vehicle and vandalized the vehicle and also assaulted the police personnel. The in-charge of Silbori Police outpost has sustained grievous injury along with some other police personnel. All the injured police personnel were shifted to Kharupetia CHC. The learned counsel for the petitioner has submitted that the petitioners are not involved in the offence alleged in the FIR. It is submitted by the learned counsel for the petitioner that the petitioner was arrested from the place which was about one and half kilometer away from the place of occurrence of the offence.

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4. Learned counsel for the petitioner has further submitted that the petitioner is not named as an accused in the FIR and he has been arrested by the police merely on the basis of suspicion. Learned counsel for the petitioner also submitted that the petitioner is behind the bar for last 81 days and

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considering the period of detention, he may be allowed to go on bail.

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5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Dalgaon PS Case No. 84/2025 and has submitted that this is a case where police personnel were assaulted and injured seriously and there are sufficient incriminating materials in the case diary. Hence, he opposed in granting bail to the petitioner. He also submits some of the co-accused persons are yet to be arrested. He also submits that the incharge of the Silbori PS has also sustained grievous injury on his person.

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6. I have considered the submissions made by the learned counsel for both sides. I have also gone through the case diary which has been produced by the learned Additional Public Prosecutor. Though the offence involved in this case is very serious in nature and there are sufficient incriminating materials against the petitioner in the case diary, however, considering the period of detention of the petitioner as well as progress made in the investigation, this Court is of the opinion that further custodial detention of the petitioner may not be required for fair completion of the investigation of the aforesaid case.

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7. Accordingly, the above-named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Darrang, Mangaldai with following conditions that:-

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(i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and

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(ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court.

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8. With the above observations, this bail application is accordingly disposed of.

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JUDGE

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Comparing Assistant

Abdul Khalek v. the State of Assam

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Abdul Khalek v. the State of Assam

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