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2025 DAILYLAW 15637 (GAU)

BAHEJ UDDIN ALIAS BAHAJ UDDIN v. THE STATE OF ASSAM

AB/1581/2025 · 2025-08-20

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010149302025 2025:GAU-AS:11208 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1581/2025 BAHEJ UDDIN ALIAS BAHAJ UDDIN SON OF SORHAB ALI VILL- NO. 1 BHATNAPAITY CHAR, P.O. KADAMTOLA P.S. ALOPATI CHAR, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S H RAHMAN, MR. M S MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 21.08.2025. Heard Mr. S.H. Rahman, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam appearing on behalf of the respondent State. Page No.# 2/3 This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Bahej Uddin @ Bahaj Uddin, who is apprehending arrest in connection with the Alopatichar P.S. Case No. 29/2025, under Sections 329(4)/64(1) of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. S.H. Rahman, learned counsel that a false and concocted case has been lodged against the present accused petitioner. However, after obtaining the order of interim pre-arrest bail, he appeared before the I.O., cooperated with the investigation and his statement is also recorded under Section 181 of the BNSS, 2023. The accused petitioner is still ready and willing to extend his cooperation in further investigation of the case, if he is granted with the privilege of pre-arrest bail. Mr. P.S. Lahkar, the learned Additional Public Prosecutor, Assam submitted in this regard that there are sufficient incriminating materials against the present accused petitioner, specially in the statement of the victim recorded under Section 183 of the BNSS, 2023. However, he submitted that the petitioner already appeared before the I.O. and cooperated with the investigation of the case. Considering the entire submissions made by learned counsel for both sides, materials in the case diary and conduct of the present accused petitioner, I find that custodial interrogation may not be required in the instant case, for the purpose of investigation. Accordingly, the interim pre-arrest bail granted to the petitioner on 10.07.2025, Page No.# 3/3 is hereby made absolute, with the same terms and conditions. This bail application stands disposed of. Return back the case diary forthwith. JUDGE Comparing Assistant