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2025 DAILYLAW 17071 (GAU)

LUKMAN UDDIN AND 3 ORS. v. THE STATE OF ASSAM

AB/1888/2025 · 2025-08-25

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010172532025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1888/2025 LUKMAN UDDIN AND 3 ORS. SON OF ABDUL SATTAR R/O VILL- BANGLA TILA P.S. PATHARKANDI, DIST. SRIBHUMI, ASSAM PIN-788724 2: ANAM UDDIN @ ENAM UDDIN SON OF AB DUL SATTAR R/O VILL- BANGLA TILA P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-788724 3: SAMAD UDDIN R/O VILL- BANGLA TILA P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-788724 4: ABDUL SATTAR @ ABDUS SATTAR SON OF LATE ANFAR ALI R/O VILL- BANGLA TILA P.S. PATHARKANDI DIST. SRIBHUMI ASSAM PIN-78872 VERSUS Page No.# 2/3 THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. D HUSSAIN, MR M ISLAM,MD E AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 26.08.2025 Heard Mr. D. Hussain, learned counsel for the petitioners. Also heard Mr. M.K. Goswami, learned Additional Public Prosecutor for the respondents. This is an application for pre-arrest bail in connection with Patharkandi P.S. Case No. 86/25 under Sections 329(3)/296/117(2)/109/3(5) of Bharatiya Nyaya Sanhita, 2023. The allegations against the present petitioners as reflected in the FIR is that in connection with the boundary demarcation between the accused and informant parties, the accused petitioners assaulted the members of the informant family resulting in grievous injuries. The injury report reveals fracture on the forearms but not on any vital part of the body of the members of the informant family. It also appears that the co-accused No. 1 namely Burhan Uddin, S/o- Abdul Sattar had already been arrested and subsequently released on bail. Considering the above and in view of the facts that in the present case, no custodial interrogation of the present petitioners is necessary, it is provided that the accused petitioners namely Lukman Uddin, S/o- Abdul Sattar, Anam Uddin Page No.# 3/3 @ Enam Uddin, S/o Abdul Sattar, Samad Uddin & Abdul Sattar @ Abdus Sattar, S/o Late Anfar Ali shall be released on furnishing a bail bond of Rs. 20,000/- each with one local surety each of the like amount in the event of arrest in connection with Patharkandi P.S. Case No. 86/25 under Sections 329(3)/296/117(2)/109/3(5) of Bharatiya Nyaya Sanhita, 2023 to the satisfaction of the arresting authority. It is further provided that the accused persons shall cooperate in the investigation and shall not influence the witnesses in any manner. The anticipatory bail stands allowed. JUDGE Comparing Assistant