Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010119232025
2025:GAU-AS:8128
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1238/2025 MAJIBUR RAHMAN S/O- ABDUL KADIR.
R/O- ITAPARA, P.O.- SOLMARI, P.S.- NAGAON SADAR. DIST.- NAGAON, PIN- 782002, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. C CHOUDHURY, A. M. BORA,MR. D GAGAI,MR. V A CHOWDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 18-06-2025 Heard learned Senior counsel Mr. A.M. Bora assisted by learned counsel Mr. V.A. Chowdhury for the petitioner Majibur Rahman, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with
Page No.# 2/3 prayer for bail as the petitioner is apprehending arrest in connection with Nagaon Police Station Case No. 378/2025 registered under Section 189(2)/117(2)/121(2)/308(2)/61(2)/109/174/351(2) of Bharatiya Nyaya Sanhita, 2023
2. It is submitted on behalf of the petitioner that the petitioner is entitled to bail as he was not involved with the incident. It is further submitted that the petitioner was a mere bystander who has been falsely implicated in connection with this case.
3. Heard learned Additional Public Prosecutor Mr. P. Borthakur for the respondent State, who has raised serious objection stating that the petitioner is deeply involved in this case. There are incriminating materials in the Case Diary against the petitioner. The offence alleged is of serious nature and he is not entitled to pre-arrest bail considering the facts and circumstances of this case.
4. The allegation against the petitioner is that the petitioner is involved in rigging, threatening and assaulting the police officials during Panchayat election and causing injuries on them.
5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner.
6. I have also considered the role attributed to the petitioner.
7. It appears that at this juncture, the petitioner is not entitled to pre-arrest bail.
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8. Considering all aspects, petition stands rejected at this stage.
9. In terms of the above observation, this Anticipatory Bail Application stands
disposed of.
10. Send back the Case Diary.
JUDGE Comparing Assistant