Taffazul Ali And Anr vs. The State Of Assam

Held

The Court granted bail to the petitioners, Taffazul Ali and Toibar Ali. The Court considered the period of detention of 54 days and the fact that the stolen items have been recovered. It was reasoned that further detention of the petitioners was not considered necessary. The bail was granted on a 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 any person acquainted with the facts, and not committing any offence while on bail. Violation of these conditions could lead to cancellation of bail. No issues were expressly left undecided.

Facts

The petitioners, Taffazul Ali and Toibar Ali, were arrested on October 9, 2025, in connection with Bongaigaon P.S. Case No. 252/2025. The FIR was lodged by Bhaskar Jyoti Singha, alleging that unknown miscreants broke into his shop, M/s M.S. Infotech, on September 28, 2025, and stole mobile phones, televisions, laptops, accessories, and cash. The total approximate value of the stolen goods was Rs. 5,18,713.64, including GST. The petitioners are alleged to be purchasers of these stolen items, and the recovered items are stated to be worth Rs. 5,18,713.64. The petitioners have been in custody for 54 days.

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? The petitioners argued that they have spent 54 days in custody and that the stolen items have been recovered, thus their prayer for bail should be considered. The State, represented by the Additional Public Prosecutor, submitted that the petitioners are the purchasers of the stolen items, which were recovered from them, and their value amounts to Rs. 5,18,713.64. The State did not present any specific arguments against granting bail beyond these facts.