Jakaria Ahmed Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

Jakaria Ahmed Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Petitioner released on bail of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), on conditions that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer, and that he shall co-operate in the investigation.

Issue for consideration

Whether the petitioner, detained for 58 days during investigation in CID P.S. Case No. 4/2025 (offences under Sections 61(2)/318(4)/336(3)/340(2) BNS entailing maximum punishment up to seven years), is entitled to release on bail given that the maximum permissible period of detention during investigation is sixty days.

Court's answer

Considering that the petitioner had completed 58 days of detention and the maximum period of detention during investigation as provided under Section 487 of BNS is 60 days only, the petitioner was allowed to go on bail of Rs. 30,000/- with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), with conditions.

Detailed headnote1 paragraphs

Gauhati High Court (Mridul Kumar Kalita, J.), order dated 13.08.2025 in Bail Appln./2531/2025 — Jakaria Ahmed, detained since 16.06.2025 (58 days) in CID P.S. Case No. 4/2025 under Sections 61(2)/318(4)/336(3)/340(2) of BNS, offences entailing maximum punishment up to seven years, moved the Court under Section 483 of BNSS, 2023. Noting that the maximum period of detention during investigation as provided under Section 487 of BNS is 60 days only, and that the petitioner had already completed 58 days of detention, the Court allowed the petitioner to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), with conditions restraining inducement of, or threats/promises to, persons acquainted with the facts of the case and requiring co-operation with the investigation. Bail application disposed of.

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GAHC010166282025

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./2531/2025

JAKARIA AHMED SON OF LATE ROIS ALI

PERMANENT RESIDENT OF VILL- CHENGJUR, P.S. PATHARKANDI, DIST. SRIBHUMI, ASSAM,

PRESENTLY RESIDING AT HOUSE NO. 1, B/LANE NO. 3, PRAGATI PATH, HATIGAON, BISHNUJYOTI PATH, P.S. HATIGAON, GUWAHATI, DIST. KAMRUP (METRO), ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR. M AHMED, A RAHMAN,MD I H LASKAR Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

Date : 13.08.2025

1. Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State.

2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Jakaria Ahmed, who has been detained behind the bars since 16.06.2025 (for last 58 days) in connection with CID P.S. Case No. 4/2025 under Sections 61(2)/318(4)/336(3)/340(2) of BNS.

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3. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for last 58 days and all the offences involved in this case entails maximum punishment upto seven years only in which case the petitioner can be detained behind the bars during investigation only for sixty days.

4. On the other hand, learned Additional Public Prosecutor has submitted that though the case diary has been sent by the Investigating Officer, same has not yet been received in the Office of the learned Public Prosecutor. However, he submits that the maximum statutory period of detention for which the petitioner can be detained behind the bars during investigation in this case is sixty days only.

5. Considering the submissions made by the learned counsel for both sides that the petitioner has completed 58 days of detention. As the maximum period of detention as provided under Section 487 of BNS is 60 days only, the petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of learned Chief Judicial Magistrate, Kamrup(M) with following conditions:-

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

(ii) That the petitioner shall co-operate in the investigation;

6. This bail application is accordingly disposed of.

JUDGE

Comparing Assistant