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. : Bail Appln./2135/2025 MULAHIDUL ALIAS MUZAHID ALI S/O HAZRAT ALI R/O VILL- LAOGAON, P.O. HAIBARGAON, P.S. NAGAON SADAR, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,MS SURAYA RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.06.2025
1. Heard learned counsel Mr. S. Nawaz for the petitioner Mulahidul @Muzahid Ali who has filed his application under section 483 of the BNSS, 2023 with prayer for bail as the petitioner is behind bars since 24.05.2025 in connection
Page No.# 2/3 with
Nagaon
P.S.
Case
No.
378/2025
under Sections189(2)/117(2)/121(2)/308(2)/61(2)/109/174/351(2) of the BNS. 2. Heard learned Additional Public Prosecutor Mr. P. Borthakur for the respondent State. 3. Learned Additional Public Prosecutor has raised serious objection stating that the petitioners have assaulted the police officers. This is a heinous offence as men in uniform have been attacked while they were discharging their duties. 4. The FIR unfolds that on 07.05.2025 at about 4 p.m., while the informant was on election duty along with the battalion staff, he requested some people standing near the gate to move outside. At that moment, the accused along with 40-50 miscreants surrounded him and assaulted him. The miscreants also assaulted the police personnel and obstructed the police from discharging their duties. As a result, the informant sustained serious injuries. The miscreants also snatched away mobile phone and ripped off his uniform. Thereafter, they barge into the polling centre and tried to seize the ballot box and also tried to threaten the presiding officer and so on and so forth. 5. The petitioner has prayed for bail on the ground of parity. It is also submitted that further custodial detention may not be required for the progress of investigation as the petitioner is behind bars for 35 days. 6. I have considered the submissions at the Bar with circumspection. It appears that bail may be granted to the petitioner. 7. The petitioner is willing to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 8. Considering all aspects, the petitioner is enlarged on bail of Rs.
30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM,
Page No.# 3/3 Nagaon under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 10. This application stands disposed of. JUDGE Comparing Assistant