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2025 DAILYLAW 15586 (GAU)

NAJRUL ISLAM @ SAGAR AND ANR v. THE STATE OF ASSAM

AB/1566/2025 · 2025-07-22

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010147992025 2025:GAU-AS:9419 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1566/2025 NAJRUL ISLAM @ SAGAR AND ANR S/O- SAIDUR RAHMAN. R/O-VILL.- BANKUBHANGA, P.O.- BANKUBHANGA. P.S.- KALGACHIA, DIST.- BARPETA, ASSAM, PIN-781319. 2: SHAHJAHAN ALI S/O- FULCHAN. R/O- VILL.- BALIKURI P.O.- BALIKURI P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN-781319 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S A AHMED, MS. K DAS,MR. F A AHMED,MISS M GOGOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-07-2025 Heard Mr. S. A. Ahmed, learned counsel for the petitioners. Also heard Mr. J. Chutia, learned Additional Public Prosecutor, for the State respondents. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Ghograpar P.S. Case No. 105/2024, under Sections 126(2)/115(2)/310(2)/3(5) of the BNS, 2023. It is submitted by Mr. Ahmed, learned counsel for the petitioners that the present accused/petitioners are innocent and have not committed any such offence as alleged in the FIR. The Police never searched for these two petitioners and hence, they were not aware about the pendency of this case before the Court below. However, on coming to know about the issuance of the NBWAs against both the petitioners, they appeared before the Court with the present application for their pre-arrest bail. Both the petitioners are ready and willing to appear before the learned Trial Court below and to contest the case, if they are granted with some interim protection. He further submitted that on the first day of receipt of the charge-sheet, NBWAs were issued against both the petitioners and only prior to the last date, they came to know about the issuance of NBWAs against them. Mr. Chutia, learned Additional Public Prosecutor, submitted in this regard Page No.# 3/3 that the Court took all the endeavour to procure the attendance of the petitioners. Further, they may be directed to appear before the learned Trial Court below with an appropriate application for bail, which may be considered in accordance with law. Considering the submissions made by the learned counsel for both the parties, considering the materials in the record and also considering the order sheets filed along with this petition, both the petitioners are hereby directed to appear before the learned Trial Court below with an appropriate application for their regular bail, which may be considered in accordance with law, within 15 (fifteen) days from the date of order. Till 15 (fifteen) days the execution of NBWAs issued against the petitioners herein may be stayed/suspended. With the above observations and directions, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant