EUSHAB ALI SHEIKH ALIAS ESOB ALI v. THE STATE OF ASSAM
AB/836/2025 · 2025-04-21
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10655 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10655 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010076872025
2025:GAU-AS:4790
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/836/2025 EUSHAB ALI SHEIKH ALIAS ESOB ALI S/O- HAJARAT ALI, R/O- JAOLIPARA, P.O- SIMBARGAON, KOKRAJHAR, ASSAM, PIN-783370 2: AIYAZ ALI AKOND ALIAS AIZ ALI AKAND S/O JEHAR UDDIN AKOND DURAMARI
KOKRAJHAR ASSAM 3: SHAHJAHAN ALI SHEIKH ALIAS SAJAHAN S/O- ABDUL AZIZ SHEIKH
DURAMARI
KOKRAJHAR ASSAM 4: BABUL SHEIKH ALIAS BABIL ALI S/O- ALIL SHEIKH
R/O- DURAMARI SIMBARGAON
DIST-KOKRAJHAR ASSAM 5: AMIR UDDIN ALIAS AMIR ALI S/O- ALIL SHEIKH R/O- DURAMARI SIMBARGAON DIST-KOKRAJHAR ASSA
Page No.# 2/3 VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR Z RAHMAN, H G DAISY,R BEGUM,MS A HUSSAIN,MR. J AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 22.04.2025
1. Heard learned Counsel Mr.J.Ahmed for the petitioners 1. 1.Eushab Ali Sheikh @ Esob Ali, 2. Aiyaz Ali Akond @ Aiz Ali Akand, 3. Shahajahan Ali Sheikh @ Sajahan, 4. Babul Sheikh @ Babil Ali and 5. Amir Uddin @ Amir Ali who have filed this application under Section 482 of the BNSS, 2023 with prayer for pre- arrest bail as they are apprehending arrest in connection with Kokrajhar PS Case No. 10/2025 under Section 61(2)/329(3)/329(4)/326(g)/324(4)/305/109 of the BNS,2023.
2. Learned Addl.Public Prosecutor Mr.K.K.Das is present for the State respondent.
3. The allegation against the petitioners is that they vandalised and ransacked the informant’s house and also looted from her house and set ablaze her house causing mischief to a great extent.
4. I have scrutinized the Case Dairy. An affidavit is found in the Case Diary relating to misunderstanding between the parties which resulted in the FIR.
Page No.# 3/3
5. It appears that pre-arrest bail may be granted to the petitioners.
6. Considering all aspects, prayer for pre-arrest bail is allowed.
7. The petitioners named above shall be released on pre-arrest bail in the event of arrest on furnishing bail bond of Rs.30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i) The petitioners shall appear before the I.O. within one week and shall co-operate with the investigation, ii) The petitioners shall refrain from such activities of which they are alleged, iii) The petitioners shall not exercise threats to the witness or try to influence them.
8. On breach of any of the above conditions, pre-arrest bail granted to the petitioners shall automatically stand cancelled.
9. In terms of the above observations, the pre-arrest bail application stands
disposed of.
10. Send back the Case Diary.
JUDGE Comparing Assistant