Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 15842 (GAU)

MINTU RAHMAN v. THE STATE OF ASSAM

AB/1641/2025 · 2025-08-28

Shamima Jahan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010152302025 2025:GAU-AS:11651 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1641/2025 MINTU RAHMAN S/O- AJIJUR RAHMAN, R/O- VILL- NORTH RAIPUR, PART I, P.O- GOLAKGANJ, PIN-783334, P.S- GOLAKGANJ, DIST- DHUBRI, ASSAM, VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. Y ALI, MR. A K AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 29.08.2025 Heard Mr. A.K. Ahmed, learned counsel for the petitioner. Also heard R.J. Baruah, learned Addl. Public Prosecutor for the State respondent. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Golakganj Police Station Case No. 48/2025 registered under Page No.# 2/3 Section 61(2)/117(4)/109/103(2)/3(5) of the BNS, 2023. 3. The FIR dated 23.02.2025 reveals that on 20.02.2025 while her husband was proceeding from a particular place to the house of the niece, a group of miscreants confined him and tied with a tree and assaulted him and cause grievous injury, as a result of which, the victim succumbed to his injuries in the hospital. 4. Mr. A.K. Ahmed, learned counsel for the petitioner submits that the petitioner was not named in the FIR and there were 6 (six) persons who were actually named in the FIR. However, after completion of the investigation, the Police submitted Charge-sheet and had shown the petitioner as an accused in the said case and the Police have shown the said petitioner as an absconder. He also submits that after submission of the Charge-sheet, charges were framed and the trial has started and that summons were issued to the petitioner. 5. Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State respondent however submits on perusal of the scanned copy of the Trial Court Record that the witness have stated the name of the accused person, Mintu alongwith other accused persons. He further submits that the actual facts of the case is that the petitioner was found stealing and upon apprehension of the petitioner, the people had beaten him up. 6. I have heard the learned counsels for the parties and have gone through the records. 7. It is reflected in the FIR as well as in the statement of the witnesses that none of them had ascribed any overt act in respect of accused persons much less the petitioner. 8. In view of the same, this Court finds it fit to enlarge the petitioner on pre- Page No.# 3/3 arrest bail on furnishing bail bond of Rs. 20,000/- with 1 local surety of like amount to the satisfaction of the CJM, Dhubri under the following conditions:- 1. The petitioner will co-operate with the investigation and will appear before the Trial Court on 02.09.2025 and will appear before the Trial Court as and when called for. 2. The petitioner will not temper with the evidence or influence any other witnesses connected with the case. 9. Accordingly, the Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant