Allowed

Gofur Ali v. the State of Assam

Gauhati HC16 Sept 2026Bail Appln./2588/2026

Case brief

AI extract

What is this about?

This is a bail application under Section 483 of BNSS 2023 by Gofur Ali, arrested for possession of betel nut. The High Court allowed the bail prayer, noting the petitioner's detention period and the non-cognizable nature of most charged sections regarding the punishment of imprisonment.

What did the court decide?

Petitioner to be released on bail by furnishing a bond of Rs. 50,000 with two securities of like amount, appearing before I.O. for investigation and cooperating in trial.

Gofur Ali Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

¶1

Page No.# 1/3

¶2

GAHC010189252026

¶3

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

¶4

Case No. : Bail Appln./2588/2026

¶5

GOFUR ALI

¶6

S/O LATE JAMAR ALI, R/O NAYAPARA PT-II, P.S.- MATIA, DISTRICTGOALPARA, ASSAM

¶7

VERSUS

¶8

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶9

Advocate for the Petitioner : MR. A AHMED, MS. F B CHOUDHURY,MR A AHMED,U U KHAN,MISS. P M AHMED,MR. M A CHOUDHURY

¶10

Advocate for the Respondent : PP, ASSAM,

¶11

BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

¶12

ORDER

¶13

Date : 17.09.2026

¶14

Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. PP for the State respondent.

¶15

2 . This is an application under Section 483 of BNSS, 2023 praying for regular bail to the petitioner namely Gofur Ali, who was arrested on 23.08.2026 in connection with Dudhnoi P.S. Case No. 48/2026 registered under Sections

¶16

Page No.# 2/3

¶17

281/ 303(2)/ 317(2) /61(2)/ 3(5)/ 274/ 275 of the BNSS, 2023, read with Section 59 of FSS Act.

¶18

3 . The petitioner is the owner of the consignment of betel nut which was transported in a truck which was apprehended by the police on 23.08.2026 at 12.15 at night alongwith the driver Salam Ali Mondal and a quantity of 100 bags of betel nut said to have been recovered from the said truck.

¶19

4 . It is submitted that the petitioner is the bona fide purchaser of the betel nut which he purchased from Kashi Hills and the same was legally purchased by him. However, the petitioner went to the police and he was taken into custody without giving any opportunity to produce the documents in support of the legal ownership of the aforesaid consignment.

¶20

5 . The case diary as called for has been received and perused.

¶21

6 . The learned Addl. Public Prosecutor has submitted that the petitioner failed to produce any document. However, he went to the police and accordingly the police took him into the custody and the case is registered 281/ 303(2)/ 317(2) /61(2)/ 3(5)/ 274/ 275 of the BNSS, 2023, read with Section 59 of FSS Act.

¶22

7 . There is nothing on record to indicate that any person lodged any FIR alleging theft of the aforesaid betel nut. Most of the sections under which the case has been registered do not carry punishment of imprisonment of more

¶23

Page No.# 3/3

¶24

than 5 years and the petitioner has been detained in custody for last 26 days.

¶25

8 . Having regard to the above as well as the nature of the allegation and the fact that the petitioner is behind the bar for last 26 days, the prayer for bail is allowed. Therefore, it is directed that the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two securities of like amount to the satisfaction of the learned Chief Judicial Magistrate, Goalpara in connection with the aforementioned case. It is provided that the petitioner shall appear before the I.O. for further investigation as and when called by the IO and shall not try to tamper with the evidence or hamper the investigation of the case in any manner and shall not intimidate to any persons acquainted with the facts of the case and shall cooperate in the trial as and when trial commences.

¶26

9 . The petition stands allowed.

¶27

10 . Return the case diary.

¶28

JUDGE

¶29

Comparing Assistant

Gofur Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Gofur 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

Similar cases