Disposed

Sri Ayub Ali v. the State of Assam

Gauhati HC16 Mar 2025Bail Appln./414/2025

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS by an accused arrested for possessing a loaded revolver and allegedly attacking police during search. Charge-sheet filing date discrepancy suggested statutory detention period had elapsed; the court granted bail on bond.

What did the court decide?

Accused enlarged on bail on furnishing bond of Rs. 50,000 with one surety to satisfaction of trial Court.

Sri Ayub Ali Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

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GAHC010027992025

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./414/2025

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SRI AYUB ALI

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S/O ABDUL BAREK @ ABDUL BARIK, RESIDENT OF HARDEMARA, P.S CHAPAR, DISTRICT DHUBRI, PIN 783371,

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VERSUS

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THE STATE OF ASSAM REP BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. A A R KARIM, MR S RAHMAN,Ms. R. R. BORAH

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 17.03.2025

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Heard Mr. A.A.R. Karim, learned counsel for the accused and Mr. K. K. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

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This application under Section 483 of the BNSS, 2023, is preferred by accused, Sri Ayub Ali, who has been languishing in jail hazot, in connection with

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Page No.# 2/3

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Chapar P.S. Case No. 198/2024, under Section 61(2)/ 19(3)/ 132/ 121(2)/ 121(1)/ 109/ 76 of BNS, for grant of bail.

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It is to be noted here that, above noted case has been registered on the basis of an FIR lodged by one namely, SI (P) Khanjanyoti Choudhury, of Chapar Police Station on 15.12.2024. The essence of allegation, against the accused is that he has kept one hand-made revolver loaded with 5 (five) nos of live round ammunitions, concealed in his house and while search was conducted by police party to recover the same then he and some other accused attacked the police party.

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The learned counsel for the accused submits that both the accused were arrested on 15.12.2024, and since then they are languishing in jail hazot for more than 93 (ninety three) days.

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4.1. Further Mr. Karim, learned counsel for the accused submits that after completion of investigation, the I.O. has submitted charge-sheet before the learned trial Court on 20.02.2025, which can be interfered from the date put by the Officer-In-Charge in the last part of the charge-sheet though in the Column No. 2, of the said charge-sheet, the I.O. has mentioned the date of filing the charge-sheet as 12.02.2025. And if the date put by the Officer-In-Charge in the last column of the charge-sheet is accepted as the correct date of filing of the charge-sheet, then in the meantime, the statutory period of detention already elapsed and the charge-sheet having not been filed within the stipulated period, and as such the accused herein this case are entitle to default bail.

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Mr. K. K. Das, learned Additional Public Prosecutor also fairly submits that if 20.02.2025 is taken as the date of filing charge-sheet then before that day the statutory period elapsed.

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Taking note of the aforesaid factual position this Court is inclined to allow this petition.

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Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- with one surety like amount to the satisfaction of the learned trial Court, the accused be enlarged on bail.

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

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JUDGE

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Comparing Assistant

Sri Ayub Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sri Ayub Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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