Asir Uddin @ Asirudin And Anr vs. The State Of Assam

Held

The Court rejected the bail application of the petitioners, Asir Uddin and Mullakchand Ali. The Court considered the submissions made by both the petitioners' counsel and the learned Additional Public Prosecutor for the State. The Court noted that the petitioners had been arrested in connection with Bongaigaon P.S. Case No. 252/2025 for alleged theft from M/s M.S. Infotech. The State presented incriminating material in the case diary, including tower dump data confirming the petitioners' presence at the scene of the crime. The Court also took into account the significant value of the stolen goods, which was approximately Rs. 5,18,713.64/- (including GST). Based on the gravity of the offense and the evidence presented, the Court found no grounds to grant bail and therefore dismissed the application.

Facts

The petitioners, Asir Uddin and Mullakchand Ali, are seeking bail in connection with Bongaigaon P.S. Case No. 252/2025. The case was registered following an FIR 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, including GST, was stated to be Rs. 5,18,713.64/-. The petitioners were arrested on October 8, 2025. The petitioners' counsel submitted that they have been in custody for 38 days and that items have been recovered. The State, through the Additional Public Prosecutor, argued that the petitioners are the main perpetrators, their presence at the scene is confirmed by tower dump data, and the value of stolen goods is significant.

Key Issues

1. Whether the petitioners are entitled to bail under Section 483 BNSS, considering their period of detention and recovery of stolen items? The petitioners argued that they have spent 38 days in custody and that the stolen items have been recovered, thus warranting the grant of bail. The State contended that the petitioners are the main perpetrators of the theft, their presence at the scene of the crime is corroborated by tower dump data, and the value of the stolen goods is substantial (approximately Rs. 5,18,713.64/-). The State relied on the incriminating material available in the case diary and the gravity of the offense to oppose the bail application.