MUZAMIL HAQUE @ MUZAMMIL HAQUE v. THE STATE OF ASSAM
Bail Appln./1925/2025 · 2025-06-24
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14051 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14051 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010125022025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1925/2025 MUZAMIL HAQUE @ MUZAMMIL HAQUE S/O- LATE HEPATAULLAH SK. @ HEPATULLAH SK. R/O- NOWAPARA, MILIJULI PATH, BYE LANE NO.5, HOUSE NO.3, P.S.- SATGAON, GUWAHATI, DIST.- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A T SARKAR, MR. DJ MAHANTA,S. SAHA,S R DAS Advocate for the Respondent : PP, ASSAM, Linked Case : AB/1210/2025 MARIYAM NESSA BIBI @ MARIYAM NESSA AND ANR W/O- MUZAMMIL HAQUE R/O- VILL.- NOWAPARA MILIJULI PATH HOUSE NO.-3 P.S.-SATGAON GUWAHATI DIST.-KAMRUP(M) ASSAM 2: MURSHIDA BEGUM D/O- MUZAMMIL HAQUE. R/O- VILL.- NOWAPARA
Page No.# 2/3 MILIJULI PATH HOUSE NO.-3 P.S.-SATGAON GUWAHATI DIST.-KAMRUP(M) ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------ Advocate for : MR. A T SARKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.06.2025 Since both the bail applications arise out of the same FIR, both the bail applications are taken up together for disposal by this common order. 2. Heard Mr. A T Sarkar, learned counsel appearing for the petitioners. Also heard Mr.K K Porasor, learned Additional Public Prosecutor for the state of Assam. 3. These two applications are filed under Sections 482 & 483 of the BNSS, 2023 seeking pre-arrest bail as well as regular bail in respect of Satgaon P.S. Case No. 92/2025. 4. The petitioner Muzamil Haque @ Muzammil Haque is the husband of the informant. He has another wife Mariyam Nessa Bibi @ Mariyam Nessa and one daughter Murshida Begum. The informant has alleged that she was beaten up by the petitioner Muzamil Haque @ Muzammil Haque and therefore, he was arrested by police. Page No.# 3/3
5. The injury report available in the case diary shows that the informant sustained simple injury only. It may be stated that the petitioners, namely, Mariyam Nessa Bibi @ Mariyam Nessa and their daughter Murshida Begum, who filed the anticipatory bail application were granted interim bail by this Court and pursuant to the interim order, they have already appeared before the Investigating officer and co-operated with the police investigation. 6.
Since the petitioner Muzamil Haque @ Muzammil Haque has already spent 35 days in custody, this Court is of the opinion that under the given circumstances of the case, he no longer deserves to be detained in custody. Therefore, his Bail Application No. 1925/2025 filed by the petitioner Muzamil Haque @ Muzammil Haque is allowed. 7. It is hereby directed that the petitioner Muzamil Haque @ Muzammil Haque, who was arrested in connection with Satgaon P.S. Case No. 92/2025 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. Since the petitioners Mariyam Nessa Bibi @ Mariyam Nessa and a daughter Murshida Begum have been co-operating with the police investigation, they do not deserve to be detained in custody. Therefore, the Anticipatory Bail Application No. 1210/2025 filed by the petitioners Mariyam Nessa Bibi @ Mariyam Nessa and Murshida Begum is allowed. 9. The interim bail granted by this Court on 02.06.2025 in favour of the petitioners, namely, Mariyam Nessa Bibi @ Mariyam Nessa is hereby made absolute. With the aforesaid direction, both the bail applications are disposed of. The CD shall be returned. JUDGE Comparing Assistant