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2024 Supreme(Online)(GAU) 7805

HIGH COURT OF GAUHATI
Malasri Nandi, J
MANOWAR HUSSAIN – Appellant
Versus
THE STATE OF ASSAM – Respondent
Bail Appln. / 2762 / 2024



Advocates:
MR. M I HUSSAIN, N. UDDIN, MR. S M RAHMAN, MS. P AHMED

The court granted bail considering the length of detention and nature of the offence, emphasizing conditions to prevent interference with the investigation.

Headnote:(A) Bharatiya Nagarik Suraskha Sanhita, 2023 - Section 483 - Assam Game and Betting Act, 1970 - Sections 14 and 15 - Bail application - Accused arrested on 14.08.2024 for running illegal gambling operation - Length of detention considered for granting bail - Petitioner released on bail with conditions. (Paras 2-8)

(B) Bail - Considerations for granting bail include nature of offence and length of detention - Court emphasizes importance of ensuring no interference with investigation. (Paras 4, 6, 8)

ORDER

Date : 13.09.2024 Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Manowar Hussain, has prayed for bail in connection with Bongaigaon P.S. Case No. 279/2024 under Section 112(2)/3(5) of BNS r/w Section 14/15 of Assam Game and Betting Act, 1970.

3. It has been submitted by the learned counsel for the petitioner that the petitioner was arrested on 14.08.2024 and since then he has been detained in custody. The allegation as per FIR is that the petitioner running an illegal gambling of teer from his house. Considering the length of detention, the petitioner may be enlarged on bail.

4. Mr. Sarma, learned Additional Public Prosecutor for the State submits that considering the nature of offence as well as period of detention, bail may be considered.

5. I have considered the submissions made by the parties. I have also perused the averments available in the record.

6. Considering the background of the case as well as length of detention of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner, named above, shall be released on bail in connection with Bongaigaon P.S. Case No. 279/2024 under Section 112(2)/3(5) of BNS r/w Section 14/15 of Assam Game and Betting Act, 1970, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned CJM, Bongaigaon, Assam.

8. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned CJM, Bongaigaon, Assam without prior written permission from him/her;

(b) 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;

(c) shall not hamper with the investigation, or tamper with the evidence of the case.


9. In the view of the above, the bail application stands disposed of.

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