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2025 DAILYLAW 17054 (GAU)

BAJRUL ISLAM ALIAS BADRUL ISLAM AND 8 ORS. v. THE STATE OF ASSAM

AB/1863/2025 · 2025-08-17

Pranjal Das

body2025

Judgment text

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Page No.# 1/4 GAHC010170542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1863/2025 BAJRUL ISLAM ALIAS BADRUL ISLAM AND 8 ORS. S/O RUSTAM ALI R/O MAGURMARI P.S. SAMAGURI DIST. NAGAON, ASSAM 2: ROKIBUR RAHMAN @ ROCKIBUL HUSSAIN S/O HAZARAT ALI R/O PASCHIM LORIMUKH KAWAIMARI P.S. SAMAGURI DIST. NAGAON ASSAM. 3: SAIYEB ALI S/OLATE ABDUL MUTALIB R/O PACHIM LORIRMUKH MAGURMARI P.S. SAMAGURI DIST. NAGAON ASSAM 4: EUSUF ALI S/O LATE ABDUL MUTALIB R/O PACHIM LORIRMUKH MAGURMARI P.S. SAMAGURI DIST. NAGAON ASSAM 5: YAKUB ALI S/O LATE ABDULMUTALIB R/O PACHIM LORIRMUKH MAGURMARI Page No.# 2/4 P.S. SAMAGURI DIST. NAGAON ASSAM 6: MIRAJUL ISLAM S/O MAMUD ALI R/O PACHIM LORIRMUKH MAGURMARI P.S. SAMAGURI DIST. NAGAON ASSAM 7: IKRAMUL HUSSAIN S/O MARAM ALI R/O PACHIM LORIRMUKH MAGURMARI P.S. SAMAGURI DIST. NAGAON ASSAM 8: HEBJUR RAHMAN S/O EUSUF ALI R/O PACHIM LORIRMUKH MAGURMARI P.S. SAMAGURI DIST. NAGAON ASSAM 9: SAIDUR RAHMAN S/O EUSUF ALI R/O PACHIM LORIRMUKH MAGURMARI P.S. SAMAGURI DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 18.08.2025 Heard Ms. F. Hussain, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (i) Bajrul Islam @ Badrul Islam (ii) Rokibur Rahman @ Rokibul Hussain (iii) Saiyeb Ali (iv) Eusuf Ali (5) Yakub Ali (vi) Mirajul Islam (vii) Ikramul Hussain (viii) Hebjur Rahman (ix) Saidur Rahman, have prayed for granting pre-arrest bail, apprehending arrest in connection with Rupahihat P.S. Case No. 259/2025, registered under Section 49/126(2)/117(2)/74/115(2)/109/307/3(5) of BNS, 2023. 3. The learned counsel for the petitioner submits that as per her instruction, it was a tussle in which none was injured but exaggerated version was given in the ejahar. 4. Learned Additional Public Prosecutor submits that case diary has been received and has drawn my attention to the relevant parts of the investigation. It is also submitted that some witnesses have been examined. It appears some marpit took place at the time of the incident and submitted the investigation till date does not indicate any person sustaining grievance injuries; that no medical report is available as yet. 5. Considering the facts as well as the materials available in the case diary, this Court is of the opinion that bail petition can be allowed. 6. Accordingly, it is provided that in the event of arrest of the petitioners, Page No.# 4/4 named above, in connection with Rupahihat P.S. Case No. 259/2025, registered under Section 49/ 126(2)/117(2)/74/115(2)/109/307/3(5) of BNS, 2023, they shall be released on furnishing bail bond of Rs.20,000/- each with a suitable surety each of the like amount, to the satisfaction of the arresting authority. 7. The direction for pre-arrest bail is subject to the conditions that the petitioners: (a) shall appear before the Investigating Police Officer and shall co- operate with the investigation; (b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 8. Violation of any condition shall entail cancellation of pre-arrest bail. 9. The anticipatory bail application stands disposed of. 10. Send back the case diary. JUDGE Comparing Assistant