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2025 DAILYLAW 10724 (GAU)

AKHIRUL ISLAM v. THE STATE OF ASSAM

AB/848/2025 · 2025-04-22

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010077512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/848/2025 AKHIRUL ISLAM S/O- FOJIAL HOQUE R/O VILL-KATHALBARI P.O. PURAN DIARA, P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783135 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. Y S MANNAN, MR H ROHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 23.04.2025 1. Heard learned counsel Mr. Y. S. Mannan for the petitioner Akhirul Islam who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in Page No.# 2/2 connection with South Salmara Mankachar Police Station Case No. 32/2025 corresponding to GR Case No. 81/2025 under Sections 70(1)/3(5) of the BNS. 2. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. 3. It is submitted on behalf of the petitioner that he is not named in the FIR but as the police is searching for him he is apprehending arrest in connection with this case. 4. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner. He is involved in a heinous offence and thus he is not entitled to anticipatory bail. 5. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. The petitioner is booked under a serious offence. It appears that investigation may be adversely affected if the petitioner is insulated by an order of anticipatory bail. 6. At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner. 7. Petition stands rejected at this stage. 8. Send back the Case Diary. JUDGE Comparing Assistant