Mizanur Rahman @ Mizanur Ali Vs Thde State of Assam

2. This is an application filed under Section 483 BNSS, praying for grant of bail to the petitioner, namely, Mizanur Rahman @ Mizanur Ali, who was arrested in connection with Kalgachia P.S. Case No. 19/2026 registered under Sections 189(2)/121(2)/132/324(4) of BNS, 2023.

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3. Case diary not received and no intimation also received from the I.O.

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4. Mr. Ali, learned counsel submitted that the petitioner is innocent and he has not committed any such offence as alleged in the FIR. However, it is a fact that after an accident which took place between one tractor and a motorcycle, around 400-500 gathered at the place of occurrence, when some persons also tried to damage the vehicle. But as the petitioner belong to the same locality he was also present there and somehow he could be identify by some of the informant and the FIR was lodged against the present petitioner disclosing his name in the FIR.

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5. He further submitted that the other three co-accused persons have already been granted pre-arrest bail and considering the case of the present petitioner on the same footing, he may be released on bail.

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6. He further submitted that the petitioner got arrested in connection with this case on 02.03.2026 and since then he is in custody and the I.O. got sufficient opportunity to interrogate him, keeping him in custody.

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7. However, the petitioner is ready and willing to extend his cooperation in the further investigation of the case, if he is granted with the privilege of bail.

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8. Mr. Borthakur, learned APP submitted in this regard that there is specific allegation brought in the FIR that the accused persons not only tried to damage the tractor, but they also damaged the police vehicle as well as assaulted some police personnel, while they were discharging their duty. Mr. Borthakur, learned APP accordingly submitted that the case diary may be called for to know the actual fact of the case.

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9. Considering the submission made by the learned counsel for both sides and without going detail into the merit of the case and only considering the length of detention already undergone by the petitioner, I find that the I.O. got sufficient opportunity to interrogate him, keeping him in custody and therefore, I find that further custodial detention/interrogation of the petitioner may not be required for the purpose of investigation of the case and as such I find it a fit case to extend the privilege of bail to the petitioner.

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10. Accordingly, the accused/petitioner, namely, Mizanur Rahman @ Mizanur Ali,, be released on bail in connection with Kalgachia P.S. Case No. 19/2026 registered under Sections 189(2)/121(2)/132/324(4) of BNS, 2023, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Barpeta subject to the following conditions:-

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(i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and

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(ii) 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/her from disclosing such facts to the Court or to any police officer.

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11. With the above observation and direction, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

Mizanur Rahman @ Mizanur Ali v. Thde State of Assam

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Mizanur Rahman @ Mizanur Ali v. Thde State of Assam

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