Zakir Hussain Vs the State of Assam

Heard Mr. M. Hoque, learned counsel for the accused/petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing on behalf of the respondent State.

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This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, namely, Zakir Hussain who has been arrested on 11.03.2026, in connection with the Dhula P.S. Case No. 37/2026, under Sections 310(2) of the BNS, 2023.

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3. The case diary is received and perused the same.

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It is submitted by Mr. Hoque, the learned counsel for the petitioner that the present accused petitioner is innocent and on way connected with the offence as alleged against him in the FIR. However, it is a fact that some articles were seized from his possession, which were not theft goods and those were not yet identified by the informant. He further submitted that as per the instruction of the accused petitioner, there are his own ornaments which were seized by the police. However, the learned counsel submitted that the petitioner is in the custody since last 55 days and the I.O. got sufficient opportunity to interrogate him, keeping him in custody, for which further custodial interrogation may not be necessary and considering his length of detention also, the prayer for bail may be considered.

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Mr. Borthakur, the learned Addl. P.P., Assam submitted in this regard that there are sufficient incriminating materials against the present petitioner and he is the person who had explained in his statement as to how the offence was committed. However, he submitted that it is a fact that those articles which were seized from the accused petitioner are not yet identified but some of the articles seized from one of the co-accused, namely, Mokibul had already been identified by the informant. Mr. Borthakur further submitted that from the materials available in the case diary, it is seen that the accused petitioner is a

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habitual offender and committed similar nature of offence in the earlier. Mr. Borthakur accordingly raised objection and that this is not a fit case to extend the privilege of bail to the accused petitioner at this stage.

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Hearing the submissions made by the learned counsels for both sides and considering the materials available in the case diary, it is seen that there is sufficient progress in the investigation of the case till date and some of the stolen items were also been recovered by police during investigation. Further, it is seen that the petitioner is in the custody for last 55 days and thus, the I.O. had sufficient opportunity to interrogate the present accused petitioner.

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Considering all these aspects of the case and without going detail into the merit of the case, only consider the length of detention undergone by the accused petitioner, this Court is of the opinion that the privilege of bail can be extended to the present accused petitioner.

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Accordingly, it is provided that on furnishing a bond of Rs. 50,000/(Rupees fifty thousand) only with one surety of like amount, to the satisfaction of the learned CJM, Darrang at Mangaldoi, the above named accused petitioner be enlarged on bail, subject to the following conditions:

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(i) that the petitioner 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 him from disclosing such facts to the Court or to any police officer;

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(ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Darrang at Mangaldoi, without prior permission, and

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(iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the learned CJM, Darrang at Mangaldoi.

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In terms of above, this bail application stands allowed and disposed

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JUDGE

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Zakir Hussain v. the State of Assam

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Zakir Hussain v. the State of Assam

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