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

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

What the court decided

AI extract

Outcome

Default bail granted in Sapatgram P.S. Case No. 58/2024 on furnishing a bail bond of Rs.75,000/- with 2 (two) local sureties of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara, subject to conditions (i)-(v); bail automatically vacated on breach; case diary ordered returned.

Issue for consideration

Whether the petitioner, detained since 21.12.2024 with no chargesheet filed and no application by the Investigating Officer for extension of the detention period, is entitled to default bail under Section 483 of BNSS, 2023 in Sapatgram P.S. Case No. 58/2024.

Court's answer

For the reasons stated (90th day of custody, chargesheet not filed, and no application by the Investigating Officer for extension of the detention period), the petitioner is entitled for default bail in Sapatgram P.S. Case No. 58/2024.

Ratio / Principle

Default bail granted on furnishing a bail bond of Rs.75,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara, subject to five conditions (appearance before the Investigating Officer when required; no departure from SDJM(M) Bilasipara territorial jurisdiction without prior written permission; no hampering of investigation or tampering with evidence; no inducement, threat or promise to dissuade witnesses; no involvement in criminal activities), failing which the bail shall stand automatically vacated.

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Manash Ranjan Pathak), decision dated 20/03/2025 - Bail Appln./525/2025. Application by Mohor Ali s/o Sattar Uddin (Village Mayer Char Part-III, P.S. Bilasipara, Dist. Dhubri) under Section 483 of BNSS, 2023 seeking bail in Sapatgram P.S. Case No. 58/2024 (Sections 61(2)/119(1)/311/109 BNS read with Section 25 (1-A), 27 of Arms Act, 1959 and added Section 111(2)(b) BNS, corresponding to G.R. No. 537/2024), wherein he was arrested on 21.12.2024. As on the hearing date the petitioner had spent 90 days in custody; no chargesheet had been filed; and the Investigating Officer had made no application for extension of the detention period. The petitioner, already released on bail by the learned Sessions Judge, Goalpara two days earlier in Chunari P.S. Case No. 03/2024 (Sections 310(2) and 118(1) BNS), was held entitled to default bail and granted bail on a Rs.75,000/- bond with 2 (two) local sureties of like amount before the SDJM(M), Bilasipara, subject to five conditions (reporting to the Investigating Officer; jurisdiction restriction; non-hampering of investigation/tampering with evidence; no inducement/threat/promise; no future criminal activity), failing which the bail automatically vacates. Bail application disposed of; case diary to be returned.

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GAHC010037322025

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

Case No. : Bail Appln./525/2025

MOHOR ALI S/O SATTAR UDDIN VILL-MAYER CHAR PART-III P.S.BILASIPARA DIST. DHUBRI, ASSAM

VERSUS

THE STATE OF ASSAM REP. BY THE PP, ASSAM

Advocate for the Petitioner : MR. R A CHOUDHURY, MR. R A MAZUMDER,MR. D HUSSAIN Advocate for the Respondent : PP, ASSAM,

BEFORE

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

20/03/2025

Heard Mr. R A Choudhury, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent.

2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Mohor Ali, son of Sattar Uddin, resident of Village-Mayer Char Part-III, P.S. Bilasipara, District-Dhubri,

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seeking bail in Sapatgram P.S. Case No. 58/2024 registered under Sections 61(2)/119(1)/311/109 BNS read with Section 25 (1-A), 27 of Arms Act, 1959 and added Section 111(2)(b) BNS corresponding to G.R. No. 537/2024, wherein he was arrested on 21.12.2024 and is in custody since then.

3. Today is the 90^th day of the petitioner in custody considering his detention since 21.12.2024.

4. Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that as on date chargesheet has not been filed in the case.

5. On being enquired, Mr. Sarma, learned Additional Public Prosecutor, Assam apprised the Court that the Investigating Officer of the case has not filed any application for extending the period of detention of the petitioner in custody, enabling him to file the charge-sheet in the matter.

6. From the case diary, Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that the petitioner is also an accused in Chunari P.S. Case No. 03/2024 under Sections 310(2) and 118(1) of the BNS.

7. However, Mr. Choudhury, learned counsel for the petitioner submitted that the petitioner has been released on bail by the learned Sessions Judge, Goalpara two days back in said Chunari P.S. Case.

8. For the reasons above, the petitioner is entitled for default bail in said Sapatgram P.S. Case No. 58/2024 .

9. Accordingly, the petitioner, namely, Mohor Ali, son of Sattar Uddin is granted default bail in said Sapatgram P.S. Case No. 58/2024 registered under Sections 61(2)/119(1)/311/109 BNS read with Section 25 (1-A), 27 of Arms Act, 1959 and added Section 111(2)(b) BNS corresponding to G.R. No. 537/2024, on furnishing a bail bond of Rs.75,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara on conditions that the petitioner — ( i ) shall appear before the Investigating Officer of said Sapatgram P.S. Case No. 58/2024 as and when he is required for necessary investigation of the case; ( ii ) shall not leave the territorial jurisdiction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara without obtaining prior written permission from the said authority; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; ( iv ) 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

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them from disclosing such facts to the Court or to any police officer; and (v) shall not involve himself in any criminal activities in future; failing which, the bail granted to him in the aforesaid Sapatgram P.S. Case No. 58/2024 shall stand automatically vacated.

10. This bail application accordingly stands disposed of with the above directions.

11. Return the case diary.

JUDGE

Comparing Assistant