Asir Uddin Alias Asiruddin vs. The State Of Assam

Held

The Court allowed the bail application. It considered the period of detention of 65 days and the fact that the stolen items had been recovered. The Court reasoned that further detention of the petitioners was not considered necessary. Consequently, the petitioners were granted bail upon furnishing a bail bond of Rs. 50,000/- with one surety of like amount, subject to the satisfaction of the learned CJM, Bongaigaon. Specific conditions were imposed, including not hampering the investigation, not tampering with evidence, not inducing or threatening witnesses, and not committing any offense while on bail. The Court noted that violation of these conditions could lead to cancellation of bail.

Facts

This case involves a bail application filed by Asir Uddin and Mullakchand Ali. They were arrested on October 8, 2025, in connection with Bongaigaon P.S. Case No. 252/2025. The FIR was lodged by Bhaskar Jyoti Singha, alleging that on September 28, 2025, unknown miscreants broke into his shop, M/s M.S. Infotech, and stole mobile phones, televisions, laptops, accessories, and cash. The total approximate value of the stolen goods, including GST, was Rs. 5,18,713.64. The petitioners have been in custody for 65 days, and the stolen items have reportedly been recovered. The State argued that the petitioners are the main perpetrators of the theft.

Key Issues

1. Whether the petitioners are entitled to bail under Section 483 BNSS, considering their period of detention and the recovery of stolen items? Petitioner's Argument: The petitioners' counsel argued that the petitioners have spent 65 days in custody and that the stolen items have been recovered, thus their prayer for bail should be considered. Respondent's Argument: The learned Additional Public Prosecutor submitted that the petitioners are the main perpetrators of the offence of theft, as reflected in the previous bail rejection order.