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2025 DAILYLAW 16514 (GAU)

NUR UDDIN SHEIKH ALIAS NUR UDDIN v. THE STATE OF ASSAM

AB/1761/2025 · 2025-10-14

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010162602025 2025:GAU-AS:13758 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1761/2025 NUR UDDIN SHEIKH ALIAS NUR UDDIN SON OF LT. ABDUL MOZID R/O KHANABARIANIANI PT.II P.O. BAGRIBARI, KOKRAJHAR, ASSAM, PIN-783349 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 15.10.2025 Heard Mr. H R A Choudhury, learned Senior Counsel assisted by Ms. R Deka, learned counsel for the accused applicant. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. This is an application under Section 482 of BNSS, 2023, praying for grant of pre- Page No.# 2/3 arrest bail to the accused applicant, namely, Nur Uddin Sheikh @ Nur Uddin, who is apprehending his arrest in connection with the Bogribari P.S. Case No. 32/2025 registered under Sections 117(2)/118(2/109(1)/3(5) of the BNS, 2023. 3. Learned Senior Counsel for the accused applicant has submitted that an interim pre-arrest bail was granted to the accused applicant by this Court vide it’s order dated 14.08.2025, which directed the accused applicant to appear before the investigating authority within 7 (seven) days from the date of the said order and accordingly, the accused applicant has already appeared before the investigating authority and had his statements recorded by the investigating authority. 4. He further submitted that the accused applicant has no link with the incident that has been narrated in the FIR and that the accused applicant shall co-operate with the investigation of the case and shall appear before the investigating authority as and when required. 5. Learned APP, Assam has submitted the case diary before the Court today. 6. On perusal of the case diary, this Court has found that the eye witness, namely, Abudur Razak @ Razakul has stated in his statements before the police that two persons, namely, Kohinur Sheikh and Saiful Islam had attacked the son of the informant, but he did not implicate the accused applicant. However, the injured victim, Milan Sheikh, who is the son of the informant, has named the accused applicant in the offence of attacking him. It is also seen from the medical report that the injured, Milan Sheikh has received multiple injuries. 7. In view of the aforesaid materials available in the case diary, learned APP, Assam submits that this is not a fit case wherein the interim pre-arrest bail granted to the accused applicant should be made absolute. 8. This Court has gone through the materials available in the case diary and also heard the respective submissions made by the parties. Page No.# 3/3 9. After perusal of the case diary as well as looking into the aspect of appearance and co-operation of the accused applicant with the investigating authority, this Court is of the considered opinion that this case merits the interim pre-arrest bail granted to the accused applicant to be made absolute and therefore, the interim pre-arrest bail granted to the accused applicant vide order dated 14.08.2025 is hereby made absolute, with the same terms and conditions as directed in the aforesaid order. 10. Accordingly, this pre-arrest bail application stands allowed and deposed of. 11. Return the case diary. JUDGE Comparing Assistant