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2025 DAILYLAW 10147 (GAU)

JOYDUL ISLAM AND 2 ORS. v. THE STATE OF ASSAM AND ANR

AB/764/2025 · 2025-05-19

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010068472025 2025:GAU-AS:6303 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/764/2025 JOYDUL ISLAM AND 2 ORS. S/O ABDUL KADIR R/O BORBORI P.S. LAHARIGHAT DIST. MORIGAON, ASSAM 2: NIJJAMUDDIN S/O LATE LAL MIYA R/O BORBORI P.S. LAHARIGHAT DIST. MORIGAON ASSAM 3: ABDUL KADIR S/O LATE SABED ALI R/O BORBORI P.S. LAHARIGHAT DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SAJIDA BEGUM W/O LATE ABDULMOJID VILL-BORBORI P.S. LAHARIGHAT DIST. MORIGAON ASSA Advocate for the Petitioner : MOTIUR RAHMAN, MR. NOOR KUTUB ALAM,MR. A S Page No.# 2/3 TAPADER Advocate for the Respondent : PP, ASSAM, MR. O ULLAH (R-2),I AMIN (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20.05.2025 Heard learned counsel Mr. M. Rahman for the petitioners Joydul Islam, Nijamuddinand Abdul Kadir. 2. The petitioners have filed this application under Section 482 of BNSS, 2023, with prayer for pre-arrest bail as they are apprehending arrest in connection with Laharighat P.S. Case No. 21/25 under Sections 61(2) (a)/65(1)/89/329(4)/332(b)/332(c) BNS read with Section 6 of PO,CSO Act, 2012. 3. Heard P.S. Lahkar, learned Additional Public Prosecutor, Assam and Mr. I. Amin learned counsel for the informant. 4. It is submitted on behalf of the petitioners that the petitioners are not the prime accused. The allegation is basically against the prime accused Gulzar Hussain. 5. I have considered the submissions at the bar with circumspection and I have also scrutinized the case diary. 6. The merits of the case are not brought to the fore as investigation is still under progress. 7. It appears that the anticipatory bail may be granted to the petitioners. 8. Considering all aspects, the petitioners namely Joydul Islam, Page No.# 3/3 Nijamuddin and Abdul Kadir are to be enlarged on bail of Rs.50,000/- each with suitable sureties of like amount to the satisfaction of the arresting authority in the event of their arrest under the conditions that:- (i) The petitioners shall appear before the investigating officer within 1 (one) week and co-operate with the investigation. (ii) The petitioners shall not exercise threats to the witnesses or try to influence them, and (iii) The petitioners shall not exercise threats to the victim. 9. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioners. 10. Send back the case records. JUDGE Comparing Assistant