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2025 DAILYLAW 11952 (GAU)

ALI HUSSAIN AND ANR v. THE STATE OF ASSAM

AB/1047/2025 · 2025-08-10

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010095832025 2025:GAU-AS:10515 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1047/2025 ALI HUSSAIN AND ANR S/O- BANIJUDDIN, R/O- NAGARJHAR. P.S.- MANIKPUR, DIST- BONGAIGAON. (ASSAM) 2: NIJAMUL HOQUE @ NIZAMUL RAHMAN S/O- GAJI RAHMAN. R/O- NAGARJHAR. P.S.- MANIKPUR DIST- BONGAIGAON. (ASSAM) 3: CHONEKA KHATUN @ SONEKA KHATUN W/O- ALIF UDDIN. R/O- NAGARJHAR. P.S.- MANIKPUR DIST- BONGAIGAON. (ASSAM) 4: NILIMA JESMIN W/O- GAJI RAHMAN. R/O- NAGARJHAR. P.S.- MANIKPUR DIST- BONGAIGAON. (ASSAM) 5: JOYTAN NESSA W/O- BANIJUDDIN. R/O- NAGARJHAR. P.S.- MANIKPUR DIST- BONGAIGAON. (ASSAM) 6: GAJI RAHMAN S/O-LATE GULJAR ALI. R/O- NAGARJHAR. P.S.- MANIKPUR Page No.# 2/3 DIST- BONGAIGAON. (ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP,ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 11-08-2025 Heard Mr. M. I. Hussain, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondent. 2. This is application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, who are apprehending arrest in connection with Manikpur P.S. Case No. 43/2025 under Sections 189(2)/117(2)/109 of the BNS, 2023. 3. During the deliberation of the matter, Mr. Borthakur, learned Additional Public Prosecutor, Assam, on instruction, submitted that police after completion of investigation of the case has already submitted the charge-sheet in said Manikpur P.S. Case No. 43/2025 vide Charge-Sheet No. 69/2025 dated 15.07.2025 4. Mr. Hussain, learned counsel for the petitioners submitted that the petitioner Nos. 1 and 2 aready arrested in connection with this case and hence, Page No.# 3/3 he is not pressing this pre-arrest bail application on behalf of the petitioner Nos. 1 and 2. The petitioner Nos. 3, 4 and 5 were granted with interim protection vide order dated 02.06.2025, passed earlier in this proceeding and pursuant to the interim order, they have already appeared before the I.O. and are cooperating with the investigation of the case. However, there was no interim in respect of the petitioner No.6. 5. In view of the above, the petitioners are directed to approach the Elaka Magistrate for their regular bail in said Manikpur P.S. Case No. 43/2025 within a period of 15 (fifteen) days from today. 6. The interim bail granted to the petitioner Nos. 3, 4 and 5 earlier on 02.06.2025 in said Manikpur P.S. Case No. 43/2025 shall remain in force for the next 15 (fifteen) days. 7. In the event, the petitioners fail to appear before the Elaka Magistrate seeking regular bail, within the period of 15 (fifteen) days, the interim bail granted earlier to the petitioner Nos. 3, 4 and 5 shall stands cancelled. 8. With the above observation and direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant