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2025 DAILYLAW 14526 (GAU)

RUSMAT ALI AND ORS v. THE STATE OF ASSAM

AB/1381/2025 · 2025-07-31

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010131842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1381/2025 RUSMAT ALI AND ORS S/O- LATE KADAR ALI. R/O- VILL.-PARLIGURI, P.O.- SABUDARA, P.S.-MIKIRBHETA, DIST.- MORIGAON, ASSAM, PIN-782103. 2: RASHIDUL ISLAM S/O- RUSMAT ALI. R/O- VILL.-PARLIGURI P.O.- SABUDARA P.S.-MIKIRBHETA DIST.-MORIGAON ASSAM PIN-782103. 3: AKASH ALI. S/O- RUSMAT ALI. R/O- VILL.-PARLIGURI P.O.- SABUDARA P.S.-MIKIRBHETA DIST.-MORIGAON ASSAM PIN-782103 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. M U MAHMUD, MS. D BORA,MR S ISLAM,MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 01.08.2025 Heard Mr. M. U. Mahmud, learned counsel for the petitioners. Also Heard Mr. R. R.Kaushik, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioners, namely (1) Rusmat Ali (2) Rashidul Islam and (3) Akash Ali, apprehending their arrest in connection with Mikirbheta P.S. Case No. 49/2025 registered u/s 329(4), 118(2), 3(5) of BNS. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 19.06.2025, the petitioner Nos. 2 and 3 was granted the privilege of interim pre-arrest bail. The allegation made in the FIR is that the petitioner No.1 wanted to give Rs.500/- to the sister of the informant asking for vote but when she denied to accept the money; then the petitioner No.1 illegally trespassed into her house with dao, lathi with intent to assault her. Mr. Kaushik, learned Addl. Public Prosecutor, submits that the case diary has been received and the medical report indicates simple injury. In the circumstances, the interim pre-arrest bail granted to the petitioner Nos. 2 and 3 vide order, dated 19.06.2025 is hereby made absolute with the same terms and conditions. Page No.# 3/3 It is also directed that in the event of arrest of petitioner No.1, named above, he shall be released on bail, in connection with the above noted case on furnishing bail bond of Rs. 30,000/- with one local surety of like amount to the satisfaction of the arresting authority. The following conditions are imposed on all the petitioners. (i) The petitioners shall co-operate with remaining investigation. (ii) That the petitioners shall not hamper or tamper with the evidence in any manner; and (iii) That the petitioners 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. Return the case diary. This disposes of the anticipatory bail application. JUDGE Comparing Assistant