Safi Uddin Ahmed Vs the State of Assam

1. Heard Mr. M. Kalita, the learned counsel for the petitioner. Also heard Ms. M. Das the learned Additional Public Prosecutor for the State respondent.

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2. This is an application under Section 483 of BNSS, 2023 by the petitioner, namely, Safi Uddin Ahmed, who has been detained behind the bars since 28.07.2025 (for the last 38 days) in connection with the Moran P. S. Case

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No. 58/2025 registered under Section 308(3) BNS, and Section 10/2013 of the Unlawful Activities (Prevention) Act, 1967.

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3. The gist of accusation in that case is that on 04.06.2025, one Tomijuddin Ahmed, had lodged an FIR before the Officer-in-Charge of Moran Police Station, inter-alia, alleging that he received some messages from an unknown number, i.e., 9366863016, where threat has been given to him in the name of United Liberation Front of Assam, (Independent).

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4. The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in the FIR.

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5. He submits that he has long-standing dispute with the informant of this case, namely, Tomijuddin Ahmed and only due to the said fact, he has been arrested in connection with this case.

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6. The learned counsel for the petitioner submits that the petitioner has been arrested barely on suspicion, and he has already been detained behind the bars for last 38 days.

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7. He submits that, considering the period of detention, he may be granted bail in this case, as the petitioner is ready to cooperate in the investigation.

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8. On the other hand, the learned Additional Public Prosecutor, has produced the case diary of Moran P. S. Case No. 58/2025 and has submitted that there are sufficient materials in the case diary indicating that the present petitioner has assisted the proscribed organization, ULFA(I) in providing the details about the victim to the said organization.

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9. I have considered the submissions made by the learned counsel for the both sides and have gone through the case diary.

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10. Though, there are materials against the petitioner in the case diary,

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however, considering the nature of the accusation against him, and also the fact that the informant is having dispute with the petitioner, which is admitted even by the Investigating Officer in his forwarding report, also, considering the period of detention undergone by the petitioner (38 days), this Court is of considered opinion that if the petitioner cooperates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of the above-mentioned case.

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11. Hence, the above-mentioned petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of learned Chief Judicial Magistrate, Dibrugarh with the following conditions:

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i. The petitioner shall co-operate in the investigation,

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ii. The petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to 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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12. Send back the case diary.

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13. With the above observation, this bail application is, accordingly, disposed of.

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Safi Uddin Ahmed v. the State of Assam

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Safi Uddin Ahmed v. the State of Assam

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