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2025 DAILYLAW 11948 (GAU)

SHAHJAHAN ALI v. THE STATE OF ASSAM

AB/1035/2025 · 2025-05-21

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010095732025 2025:GAU-AS:6498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1035/2025 SHAHJAHAN ALI S/O AKBOR ALI R/OKADAMTALA PART-II P.O.AND PS. BILSIPARA DIST. DHUBRI, ASSAM PIN-783348 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. M U MONDAL,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 22.05.2025 Heard Mr. A Choudhury, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Shahjahan Ali, son of Akbor Ali, Page No.# 2/3 resident of village-Kadamtala Part-II, Police Station-Bilasipara, District-Dhubri has filed this pre-arrest bail application under Section 482 BNSS, 2023 praying for his pre-arrest bail in Sapatgram Police Station Case No. 58/2024 under Sections 61(2)/119(1)/311/109 of BNS, 2023 read with Sections 25(1-A)/27 of the Arms Act with added Section 111(2)(b) of BNS, 2023, corresponding to G.R. No. 537/2024. 3. The petitioner earlier approached this Court for his pre-arrest bail in said Sapatgram P.S. Case No. 58/2024 and the Court after perusal of the relevant case diary by order dated 25.03.2025 passed in A.B. No. 648/2024 rejected the pre-arrest bail of the petitioner. 4. The contention of the petitioner herein is that in the meanwhile other accused persons of the case have been released on bail and further, the arms involved in the case was recovered from a different area (pond near a paddy field) without any ammunitions in it and that the petitioner is no way connected with the case. 5. Mr. B Sharma, learned APP, Assam has placed the case diary of Sapatgram P.S. Case No. 58/2024 before the Court today. 6. From the records of the case, it is seen that accused persons of the case who were already arrested were released on bail. 7. On perusal of the case diary, it is seen that there are sufficient incriminating materials against the petitioner available in the case diary with regard to his involvement in the alleged crime. 8. The investigation of the case is still going on and some of the accused persons of the case including the present petitioner are yet to be apprehended. 9. Finding such incriminating materials in the case diary against the petitioner in the case diary, this Court is of the opinion that this is not a fit case to grant pre-arrest bail to the petitioner in said Sapatgram P.S. Case No. 58/2024. Page No.# 3/3 10. Accordingly, this pre-arrest bail application of the petitioner, Shahjahan Ali, son of Akbor Ali in Sapatgram P.S. Case No. 58/2024, stands rejected. 11. Return the case diary. JUDGE Comparing Assistant