Sophil Ali Vs the State of Assam

Heard Mr. A. Mobarque, 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, Sophil Ali who has been arrested on 11.03.2026, in connection with the Mukalmua P.S. Case No. 32/2026, under Sections 189(2)/ 126(2)/117(4)/118(2)/76/109(1) of the BNS, 2023.

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The case diary is received and perused the same.

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It is submitted by Mr. Mobarque, 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 on the day of incident, he also went to the market to purchase some household items and when he heard the hue and cry, he went to the place of occurrence and witnessed the incident. As the accused petitioner was present at the place of occurrence at the time of incident, he was also seen in the video, for which only he got arrested in connection with this case. However, the petitioner is in the custody since last 55 days and no police remand was asked at the time of his arrest. So considering his length of detention, the petitioner may be released on bail, who is ready and willing to extend his cooperation in further investigation of this case.

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Mr. Borthakur, the learned Addl. P.P., Assam submitted in this regard that on the basis of the video footage, the present petitioner along with other coaccused persons got arrested in connection with this case. He further submitted that an innocent lady who is stated to be mentally retarded, was caught hold, tide with a lamp post and she was brutally assaulted with the allegation of child trafficking. Mr. Borthakur accordingly submitted that though there is no specific allegation of assault by the present petitioner, however, on the basis of the CCTV footage, he got arrested.

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Hearing the submissions made by the learned counsels for both sides, I have also perused the case diary. Without going detail into the merit of the case, it is seen that the accused petitioner is in the custody since last 55 days

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and the I.O. got sufficient opportunity to interrogate the accused petitioner and hence, I find that further custodial interrogation of the accused petitioner may not be necessary for the purpose of further investigation of this case.

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Accordingly, it is provided that on furnishing a bond of Rs. 20,000/(Rupees twenty thousand) only with one surety of like amount, to the satisfaction of the learned CJM, Nalbari, 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, Nalbari, 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, Nalbari.

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

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JUDGE

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Sophil Ali v. the State of Assam

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Sophil Ali v. the State of Assam

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