Page No.# 1/3 GAHC010067112025 2025:GAU-AS:4792 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1076/2025 SADEQUL ISLAM AND ANR S/O- SARIFUDDIN MULLAH, R/O- VILL- BARAIBARI, NEAR GOVT. HOSPITAL, P.S- GAURIPUR, DIST- DHUBRI, ASSAM 2: SAHADOT ALI SHEIKH S/O- ABDUL HAMID SHEIKH R/O- VILL- BARAIBARI NEAR GOVT. HOSPITAL P.S- GAURIPUR DIST- DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. Y ALI, MR A AHMED,MD A ISLAM,MR. A K AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date :22.04.2025 1. Heard learned Counsel Mr.N.J.Dutta for the petitioners 1.Sadequl Islam and 2. Sahadot Ali Sheikh who have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind Bars since 11.11.2024 in connection with Sessions Case No. 12/2025 arising out of Jalukbari PS Case No. 570/2024 under Section 331(3)/126(1)/70(1) of the BNS, 2023. 2. It is submitted that charge sheet has been laid against the petitioners and the petitioners are willing to co-operate with the trial. The petitioners are behind Bars since 11.11.2024. It is further submitted on behalf of the petitioners that a similar FIR was lodged against another two accused by the informant’s husband Barek Ali which is marked as Annexure-11 of the petition. 3. By drawing attention to the Annexure-11 of the petition, learned counsel for the petitioners has submitted that a false case has been brought up against the present petitioners as well. 4. Learned Addl.Public Prosecutor Mr.M.P.Goswami is present for the State respondent who has raised serious objection in granting bail to the petitioner stating that there are prima facie materials against the petitioner and as such, charge sheet has been laid against them. Medical report also reveals that the petitioners have brutally assaulted the victim. 5. I have also gone through the trial court records. Page No.# 3/3 6. I have also considered that the petitioners are willing to co-operate with the trial. The petitioners are local residents and they are not flight risks. The merits of this case are not brought to the fore at this stage. 7. Considering all aspects, prayer for bail is allowed. 8. The petitioners named above shall be released on bail on furnishing bail bond of Rs.50,000/- each with a suitable surety of like amount to the satisfaction of the learned trial court subject to the following conditions: i) The petitioner shall not exercise threats to the victim, ii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, 9. On breach of any of the above conditions, learned trial court is at liberty to cancel bail granted to the petitioners. 10. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant