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2025 DAILYLAW 12843 (GAU)

RAHMAN ALI v. THE STATE OF ASSAM

Bail Appln./1669/2025 · 2025-06-24

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010108052025 2025:GAU-AS:8578 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1669/2025 RAHMAN ALI S/O LT. ABDUL KARIM KHAN, R/O HOUSE NO. 52, MASJID ROAD SOUTH SARANIA, ULUBARI, P.S. PALTANBAZAR, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. A AHMED, N R HAQUE,U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.06.2025 1. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Paltanbazar P. S. Case No.136/2025, whereby the petitioner Rahman Ali has prayed for releasing him on bail after he was arrested in this case. Page No.# 2/2 3. The father of the present petitioner had gone to Afganistan, where he had expired. The petitioner being his son went to Afganistan and after his return he was arrested by Police on an allegation that he is a Foreigner. He was arrested under Sections 13/ 14A(b) of the Foreigners Act, 1946 and 12(1A)(a)/ 12(1A)(b) of the Passport (Entry to India) Act, 1920. 4. The petitioner produced his Passport, driving license, Aadhar card and Voter ID. The suspicion upon the present petitioner is based on the fact that the birth certificate of his deceased father is found to be fake, but the documents which the petitioner produced are found to be genuine. 5. After considering the submissions made by learned counsel for both the sides, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. 6. Therefore, the bail application of the petitioner is allowed. 7. The petitioner, Rahman Ali, who was arrested in connection with Paltanbazar P. S. Case No.136/2025 shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, Assam. 8. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant