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2025 DAILYLAW 16252 (GAU)

DILUAR HUSSAIN AND 17 ORS. v. THE STATE OF ASSAM

AB/1696/2025 · 2025-09-14

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/4 GAHC010159012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1696/2025 DILUAR HUSSAIN AND 17 ORS. SON OF LATE ABDUL MOHID, R/O VILL- KACHARI GAON 2: GULAP HUSSAIN SON OF LATE ABDUL MOHID R/O VILL- KACHARI GAON 3: RIBUL HUSSAIN @ FIRUZ HUSSAIN SON OF LATE ABDUL MOHID R/O VILL- KACHARI GAON 4: AJAHAR ALI @ AZAHAR UDDIN SON OF LATE ABDUL MOHID R/O VILL- KACHARI GAON 5: ABDUL MOBIN SON LATE HUSSAIN ALI R/O VILL- KACHARI GAON 6: SAMIR UDDIN SON OF IYAR UDDIN R/O VILL- KACHARI GAON 7: JULHAS UDDIN SON OF ABDUL MOJID R/O VILL- KATHAL GUTI (CULTIVATOR) 8: MOHIDUL ISLAM SON OF ABDUL HAKIM Page No.# 2/4 R/O VILL- KATHAL GUTI (CULTIVATOR) 9: KUDRAT ALI S/O SAH ALI R/O VILL- KATHAL GUTI 10: SAH ALI SON OF KURBAN ALI R/O KATHAL GUTI 11: ASHIQUR RAHMAN S/O ABDUL HEKIM R/O VILL- KATHAL GUTI. 12: HASEN ALI SON OF ABDUL HEKIM R/O VILL- KATHAL GUTI 13: ABDUL LATIF SON OF LT. HUSSAIN ALI R/O VILL- KACHARI GAON 14: SHAHIDUL ILSAM SON OF LATE ABDUL MUKIT R /O VILL- KACHARIGAON 15: AMRAN HUSSAIN S/O AHMED ALI R/O VILL- KALIADINGA 16: ABU BAKKAR SIDDIQUE SON OF ABDUL KHALEQUE R/O VILL- KALIDINGA 17: ABBAS ALI SON OF ANNAS ALI R/O VILL- KALIDINGA (ELECTED WARD MEMBER) 18: OSMAN ALI SON OF HAJRAT ALI R/O VILL- KATHALGUTI ALL ARE OF POST OFFICE- KALIA DINGA P.S. JURIA DIST. NAGAON ASSAM Page No.# 3/4 PIN--78212 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : ALHAJJ I UDDIN, MR. B. KUMAR,MR S J SHAMIM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 15.09.2025 1. Heard Mr. Alhajj I Uddin, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. 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 Juria P.S. Case No.196/2025 under Sections 61(2)/308(2)/132/74/118(2)/351(2)/3(5) of the BNS, 2023. 3. It is submitted by Alhajj I Uddin, learned counsel for the petitioners that the petitioners are not involved in any offence as alleged in the FIR. However, there was a clash between two groups for the political rivalry and the wife of the petitioner No.2 and wife of the informant were the candidates for the post of Panchayat election and the wife of the petitioner No.2 got more votes than the wife of Page No.# 4/4 the informant and to that extent only, one quarrel took place the two groups and they have also filed a cross FIR and the present petitioners have also lodged an FIR prior to the FIR filed by the informant. 4. This Court, by order dated 23.07.2025, granted interim protection to the petitioners pursuant to which they appeared before the I/O and their statements were recorded. 5. On perusal of the Case Diary it appears that further custodial interrogation of the petitioners may not be necessary. 6. Consequently, the prayer for pre-arrest bail is allowed. 7. The interim pre-arrest bail dated 23.07.2025 is hereby made absolute. 8. In view of the above, the petition stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant