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2025 DAILYLAW 14741 (GAU)

ABDUL WAHID AND ANR v. THE STATE OF ASSAM

AB/1403/2025 · 2025-07-28

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010135332025 2025:GAU-AS:9844 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1403/2025 ABDUL WAHID AND ANR S/O- ABDUL AWAL MANDAL. R/O- VILL.- MARKAZ ROAD, WARD NO.19, HOJAI TOWN, P.O. AND P.S.- HOJAI. DIST.-HOJAI, ASSAM, PIN-782435 2: GULZAR HUSSAIN S/O- BILAL UDDIN. R/O- VILL.- CHARAIJURIA. P.O.- BAJBATAMARI. P.S- KAMPUR. DIST.-NAGAON ASSAM PIN--78242 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. H A TALUKDAR, MS. P S LASKAR,MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.07.2025 1. Heard Mr. L.R. Mazumder, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. The learned counsel for the petitioners has submitted that the petitioners, namely, 1. Abdul Wahid and 2. Gulzar Hussain were granted interim anticipatory bail and were directed to appear before the Investigating Officer within next 10(ten) days of the order dated 20.06.2025. However, the petitioner No. 1 could not appear due to his health condition. 3. He submits that both the petitioners are ready to co-operate in the investigation and their interim bail may be made absolute and some extension of time may be granted to them, so that they may appear before the Investigating Officer. 4. On the other hand, the learned Additional Public Prosecutor Mr. B. Sarma has produced the Case Diary of Hojai P.S. Case No. 183/2025 and has submitted that there are incriminating materials against the petitioners in the Case Diary, as some of the witnesses have named the petitioners of having being involved in the offence alleged in the FIR. 5. I have considered the submissions made by the learned counsel for both sides and have perused the Case Diary. Page No.# 3/3 6. It appears that though some of the witnesses have named the petitioners of having being involved in the offence alleged in the FIR, however, no one has seen the petitioners committing the offence alleged in the FIR. The witnesses whose statements have been recorded have only suspected them to be involved of the offence alleged in the FIR. 7. Though the petitioners have defaulted in appearing before the Investigating Officer, in pursuant to the order dated 20.06.2025, passed by this Court, however, considering the nature of offence involved in this case as well as the materials available in the Case Diary, they are again directed to appear before the Investigating Officer within 7(seven) days from the date of this order and co-operate in the investigation. If they do so, they may be released on bail of Rs. 25,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority and if they fail to appear within 7(seven) days, this order shall have no effect beyond the said period of 7(seven) days. 8. Send back the Case Diary. 9. With the above observations, this anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant