Mobat Ali Alias Mobot Ali Alal Vs the State of Assam

Heard Mr. S C Biswas, learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor for the State respondent.

¶17

2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha

¶18

Page No.# 2/4

¶19

Sanhita, 2023, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot in connection with Patharkandi P.S. Case No. 184/2014, registered under Section 365 of IPC, added Section 302/201/34 IPC.

¶20

3. It is submitted by Mr. Biswas that the present accused/petitioner was earlier granted bail before filing of the charge-sheet. But, after filing of the chargesheet he was not aware about any notice/summons issued to him and when he came to know about the same he appeared through his counsel on 20.09.2025 with an application seeking time for his appearance but, the same was rejected on the ground that NBWA had already been issued against him. But, he was not aware about any issuance of NBWA or summons against him and subsequently he got arrested on the strength of NBWA issued against him and since 25.10.2025 he is in custody i.e. 143 days till date and hence considering his length of detention, he may be released on bail. However, he is ready and willing to contest the case by appearing before the learned Trial Court below as and when the date is fixed.

¶21

4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that the sessions case is of 2023 and in spite of several dates, the petitioner has not appeared physically before the Court and for which the NBWA had to be issued against him. For his non appearance only, the case was delayed in disposal and hence on the strength of NBWA, he got arrested on 25.10.2025.

¶22

5. Mr. Borthakur accordingly submitted that considering the conduct of the accused/petitioner, his prayer may not be considered at this stage. However, the scanned copy of the TCR may be called for.

¶23

6. Hearing the submissions made by learned counsel for both sides, I have

¶24

Page No.# 3/4

¶25

also perused the case record, especially the Order Sheet filed along with the petition. It is a fact that the accusd/petitioner was earlier on bail before filing of the charge-sheet and subsequently after issuance of NBWA, he appeared through his counsel seeking time. But, that was rejected by the learned Additional Sessions Judge, Sribhumi as NBWA were already issued against him. However, considering all aspects of the case and vis-à-vis considering the length of detention already undergone, I find that further custodial detention may not be required for the purpose of trial.

¶26

7. In view of this, I find it a fit case to extend the privilege of bail to the present petitioner with a direction to appear before the learned Additional Sessions Judge, Sribhumi on each and every date to be fixed by the Court and to contest the case.

¶27

8. 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 Additional Sessions Judge, Sribhumi the accused/petitioner, namely, Mobat Ali @ Mobot Ali @ Alal , be enlarged on bail, subject to the following conditions:

¶28

(i) that the petitioner shall appear before the Court of learned Additional Sessions Judge, Sribhumi, on each and every date to be fixed by the Court;

¶29

(ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten 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;

¶30

Page No.# 4/4

¶31

(iii) that the petitioner shall submit his Aadhaar Card and PAN Card before the learned Additional Sessions Judge, Sribhumi and

¶32

(iv) that the petitioner shall not leave the jurisdiction of the learned Additional Sessions Judge, Sribhumi without prior permission.

¶33

9. In terms of above, this bail application stands disposed of.

¶34

JUDGE

¶35

Comparing Assistant

Mobat Ali Alias Mobot Ali Alal v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mobat Ali Alias Mobot Ali Alal v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Hafizur Rahman Vs Miss Samsun Nehar

Shri Biren Nath Vs the State of Assam

Inamul Ali Ahmed and 3 Ors. Vs the State of Assam

Sri. Monowar Hussain Vs the State of Assam

Adil Hoque Vs the State of Assam

Bilaluddin and Anr. Vs the State of Assam