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2025 DAILYLAW 12571 (GAU)

SALIM MAZUMDAR v. THE STATE OF ASSAM

AB/1118/2025 · 2025-07-31

Sanjeev Kumar Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010105182025 2025:GAU-AS:9931 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1118/2025 SALIM MAZUMDAR S/O LATE ABDUL NOOR MOHAMMAD, R/O 1 NO. NAMANI GAON, PS. RANGAPARA, DISTRICT SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N N JHA, MS M SAHOO Advocate for the Respondent : PP, ASSAM, MR. R PHUKAN (INFORMANT) BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA O R D E R 01.08.2025 Heard Mr. N.N. Jha, learned counsel appearing for the petitioner. Also heard Mr. P.S. Lahkar, learned Addl. P.P. appearing for the State respondents. Page No.# 2/3 This is a petition under Section 482 of the BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Salim Mazumdar, who is apprehending arrest in connection with Rangapara P.S. Case No.29/2025, registered under Section 296/118(2)(1)/117(2)/351(2)(3) of the BNS corresponding to G.R. Case No. 169/2025. The informant Majibur Rahman had lodged an FIR on 10.03.2025 registered on 11.03.2025 before the Rangapara Police Station alleging inter-alia that on 05/03/2025 at around 7:30 PM, when he was talking to one, Javed Ansari near Jama Masjid, suddenly Salim Majumdar (brother-in-law of the informant) started shouting and slanging him for no reason. He also pulled a sharp weapon from his pocket and tried to stab the informant. Informant somehow dodged his first attack but on the next blow he hit him on his face, head and eyes. After getting hit when the informant fell on the ground, the accused started punching him on his face and stomach. He received severe injuries on his body particularly on his eyes. He had to seek medical facility and was admitted for days. Some days later after the incident the accused went to his in-laws house and intimated that he has done what he said but only half the work is done and the remaining work shall be done in the near future and threatened his mother-in-law soon she would have to conduct his last rites. The accused has been torturing the informant and his family from long time. On 05/03/2025, before the incident he went to his in-law's house and threatened his mother-in-law that he would put handcuff on the informant and parade him run through the market. He also said that he will rip out his intestine. On the basis of the aforesaid FIR, the Rangapara P.S. Case No. 29/2025 was registered. On perusal of the case diary and the medical report, the learned Addl. P.P. has submitted that the injuries are simple in nature. Page No.# 3/3 Having regard to the above facts and circumstances of the case as well as the nature of the allegation, I am of the view that the custodial interrogation of the petitioner may not be necessary. Consequently, the prayer for pre-arrest bail of the petitioner is allowed. Accordingly, it is provided that in the event of arrest, the petitioner, namely, Salim Mazumdar, shall be released on interim pre-arrest bail, in connection with the above noted case, on furnishing bail bond of Rs. 20,000/- with two sureties of like amount to the satisfaction of the arresting authority, subject, to the following conditions:- (i) That the petitioner shall appear before the Investigating Officer within 7 days, failing which on and from the 8th day, the interim-pre arrest bail order shall have no force; and (ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and Anticipatory bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant