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2025 DAILYLAW 10188 (GAU)

MD JUBBAR ALI SHEIKH @ ABDUL JUBBAR v. THE STATE OF ASSAM

AB/771/2025 · 2025-05-27

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010068902025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/771/2025 MD JUBBAR ALI SHEIKH @ ABDUL JUBBAR S/O- LATE KHOSHAL SHEIKH, R/O- VILL- LOTIBARI, P.S CHUNARI, PIN- 783129, DIST- GOLAPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M BORA, MS. C CHOUDHURY,MR. V A CHOWDHURY,MR. D GAGAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 28.05.2025 Heard the learned Senior Counsel Mr. A M Bora assisted by Mr. V A Chaudhury appearing for the petitioner. Also heard Mr. K K Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre- arrest bail in respect of Chunari PS Case No. 03/2025. Page No.# 2/2 3. Some people were allegedly cultivating opium poppy. Police caught hold of one person called Shohar Ali on whose land opium poppy was cultivated. He stated that in his another plot of land the present petitioner has been cultivating opium poppy. 4. Mr. Das has pointed out to the case diary and showed that many witnesses have supported the said allegation. 5. Mr. Bora on the other hand, submits that the land belongs to somebody else and the name of the petitioner has been unnecessarily dragged into this case. Admittedly, the land belongs to Shohar Ali. So, the implication of the present petitioner is a doubtful proposition. 6. This Court is of the opinion that the petitioner does not deserve to be detained in custody at this stage of the case. Therefore, his pre-arrest bail application is allowed. 7. It is hereby directed that in the event of arrest in connection with Chunari PS Case No. 03/2025, the petitioner, namely, Md. Jubbar Ali Sheikh @ Abdul Jubbar shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the arresting authority. 8. The petitioner shall appear before the Investigating Officer within next 10 days from today. The petitioner shall co-operate with the Investigating Officer as and when called for. With the aforesaid direction, the anticipatory bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant