Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1370/2025 SADDAM HUSSAIN S/O- ABDUL KARIM.
R/O- VILL.- HATIJUJUA, P.S.- NAGAON, DIST.- NAGAON, ASSAM.
2: MUKTADUL HUSSAIN S/O- MOIJ UDDIN.
R/O- VILL.- HATIJUJUA P.S.- NAGAON DIST.- NAGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MS SURAYA RAHMAN,A W AMAN,A MISHRA,MD A RAHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26.06.2025
1. Heard learned Counsel Mr.A.Mishra for the petitioners 1.Saddam Hussain and 2. Muktadul Hussain who have filed this application under Section 482 of
Page No.# 2/3 the BNSS, 2023 with prayer for pre-arrest bail apprehending arrest in connection with Jajori PS Case No. 22/2025 under Section 140(3)/64(1) of the BNS.
2. Learned Addl.Public Prosecutor Mr.B Sharma is present for the State respondent who has raised serious objection in granting pre-arrest bail to the petitioners by stating that there are incriminating materials in the Case Diary against the petitioners.
3. The learned counsel for the petitioners has submitted that the accused who was forwarded to custody revealed the name of the petitioners and on the statement of the co-accused, petitioners cannot be liable to be incarcerated. It is submitted that the petitioners are willing to co-operate with the remaining part of the investigation.
4. I have considered the submissions at the Bar.
5. I have also scrutinized the case diary. Indeed that there are incriminating materials in the Case Diary against the petitioners.
6. At this juncture, I am not inclined to extend the privilege of pre-arrest bail to the petitioners. The merits of the case are not brought to the fore. The case is at investigation stage.
7. Considering all aspects, pre-arrest bail application stands rejected.
8. Return the Case Diary.
JUDGE
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