Gauhati High Court
Bail Appln./2815/2026 of SALAM ALI MANDAL Vs THE STATE OF ASSAM on 16 September 2026
GAHC010204302026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2815/2026 SALAM ALI MANDAL SON OF LATE NAJU MANDAL, RESIDENT OF SILABARI PART- II, POLICE STATION- MATIA, DISTRICT- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED
GAHC010204302026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2815/2026
SALAM ALI MANDAL
SON OF LATE NAJU MANDAL, RESIDENT OF SILABARI PART- II, POLICE
STATION- MATIA, DISTRICT- GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A AHMED, MS. F B CHOUDHURY,MR A AHMED,U U
KHAN,MISS. P M AHMED,MR. M A CHOUDHURY
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 17.09.2026 Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. PP for the State respondent.
2. This is an application under Section 483 of BNSS, 2023 praying for regular bail to the petitioner namely Salam Ali Mondal, who was arrested on
23.08.2026 in connection with Dudhnoi P.S. Case No. 48/2026 registered under Sections 281/ 303(2)/ 317(2) /61(2)/ 3(5)/ 274/ 275 of the BNSS, 2023, read with Section 59 of FSS Act.
3. The petitioner is the driver of the vehicle by which a consignment of betel nut was carried and which was apprehended by the police on 23.08.2026 at 12.15 at night along with the petitioner and a quantity of 100 bags of betel nut said to have been recovered from the said truck.
4. It is submitted that the petitioner was hired to carry the consignment by the co-accused Gofur Ali who was also taken into custody.
5. The case diary as called for has been received and perused.
6. The learned Addl. Public Prosecutor has submitted that the petitioner failed to produce any document and the case is registered 281/303(2)/317(2)/61(2)/3(5)/274/275 of the BNSS, 2023, read with Section 59 of FSS Act.
7. There is nothing on record to indicate that any person lodged any FIR alleging theft of the aforesaid betel nut. Most of the sections under which the case has been registered do not carry punishment of imprisonment of more than 5 years and the petitioner has been detained in custody for last 26 days.
8. Having regard to the above as well as the nature of the allegation and the fact that the petitioner is behind the bar for last 26 days, the prayer for bail is allowed. Therefore, it is directed that the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two securities of like amount to the satisfaction of the learned Chief Judicial Magistrate, Goalpara in connection with the aforementioned case. It is provided that the petitioner shall appear before the I.O. for further investigation as and when called by the IO and shall not try to tamper with the evidence or hamper the investigation of the case in any manner and shall not intimidate to any persons acquainted with the facts of the case and shall cooperate in the trial as and when trial commences.
9. The petition stands allowed.
10. Return the case diary.
JUDGE Comparing Assistant