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2025 DAILYLAW 14940 (GAU)

SHER ALI KHAN v. THE STATE OF ASSAM

Bail Appln./2065/2025 · 2025-06-26

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/5 GAHC010141762025 2025:GAU-AS:8760 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2111/2025 SAMSUL ALOM SON OF ABDUL AZIZ R/O VILL- BARPATHAR, NEW BONGAIGAON RAILWAY STATION COLONY, (CENSUS TOWN), P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM, CONTACT NO.9864949022/8876585140 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A LAL, B C SANGTAM,P GANDHIYA,MR A BRAHMA Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./1953/2025 JOYCHAN ALI SON OF LATE ADAM ALI R/O VILL- BANGLABARI P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM CONTACT NO. 7399123192. Page No.# 2/5 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. A LAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : AB/1536/2025 NUR UDDIN SHEIKH S/O- TAFIL BEPARI. R/O- NATINER ALGA PT.-II P.O.- SOUTH SALMARA P.S.- SOUTH SALMARA. DIST.-SOUTH SALMARA MANKACHAR ASSAM. TEMPORARY R/O- WARD NO.1 KAJALGAON TOWN P.O.- KAJALGAON P.S.- KAJALGAON DIST.- CHIRANG PIN-783385. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. J ABBAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./2065/2025 SHER ALI KHAN S/O MD. HATEM ALI KHAN R/O VILL- NO. 2 BHOMRABIL Page No.# 3/5 P.S. GOSSAIGAON DIST. KOKRAJHAR ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP ASSAM ------------ Advocate for : MR SARFRAZ NAWAZ Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.06.2025 1. Heard Mr. A. Lal, Mr. A. Mishra and Mr. J. Abbas, learned counsel for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State of Assam. 2. These bail applications have been filed under Section 483 and 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Gossaigaon P. S. Case No.69/2025. 3. The Oil India Limited has lodged an FIR before Police alleging that its Page No.# 4/5 pipeline was pilfered and crude oil was tried to be extracted from the pipelines. 4. According to the informant, the aforesaid incident might cause big fire in the locality. 5. The petitioners, Samsul Alom, Joychan Ali and Sher Ali Khan were arrested by Police. 6. Ms. Das, learned Additional Public Prosecutor submits that the investigation of the case is at an initial stage, therefore the bail applications should not be considered. 7. Mr. Lal, learned counsel for the petitioners submits that the petitioner, Samsul Alom is a village head and he will never run away from his given address. 8. I have considered the submissions made by learned counsel for both the sides 9. Under the given circumstances, this Court is of the opinion that the investigation of the case is at a preliminary stage and, therefore, Investigating Agency shall be given more time to investigate the case. 10. Therefore, at this stage, the bail applications filed by petitioners Samsul Alom, Joychan Ali and Sher Ali Khan are found to be devoid of merit. Moreover, the pre- arrest bail application filed by the petitioner, Nur Uddin Sheikh is also found to be devoid of merit under the given circumstances. 11. With the aforesaid direction, all the 4(four) bail applications stands disposed of accordingly. Page No.# 5/5 12. Case Diary shall be returned. JUDGE Comparing Assistant