Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010173452025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1922/2025 TAYEB ALI S/O ASURUDDIN VILL- JOYPUR, P.S. HOWLY DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 16 .09. 2025 Heard Mr. A.Ali, learned counsel for the petitioner and Mr. P.S. Lahkar, learned Addl. P.P. for the State respondent. This application has been preferred by the petitioner namely, Tayeb Ali under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying
Page No.# 2/3 for pre-arrest bail, apprehending arrest in connection with Howly P.S. Case No. 50/2025 under Sections 103(2)/3 (5) of BNS, 2023. As per allegation reflected in the FIR, the accused No. 1 Khalilur Rahman was involved in illicit relationship with accused No. 2 and upon discovery of such relationship by the wife of the accused No.1, the accused Nos. 1, 2, 3 and 4 committed murder of the victim. Learned Addl. P.P. upon perusal of the case diary submits that final post- mortem report has not yet been available as the vicera has been sent for chemical examination. However, it is fairly submitted that as far as the present petitioner i.e. the accused No. 4 is concerned, there is no such incriminating materials available against him. Perused the case diary. Having regard to the nature of the allegation made in the FIR and the materials available in the case diary, prayer for pre-arrest is allowed. Considering the submission of the learned counsel for the parties, the petitioner namely Tayeb Ali in the event of his arrest in connection with the aforementioned case, is allowed to go on pre arrest bail on furnishing a bond of Rs. Rs. 20,000/- (Rupees twenty thousand only) with two sureties each of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) That the petitioner shall appear before the I.O. within 7 (Seven) days from today.
(ii) That the petitioner shall make himself available for interrogation by the Investigating Officer as and when required;
Page No.# 3/3 (iii) That the petitioner 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 any other police officer, and (iv) That the petitioner shall not hamper with the investigation or tamper with the evidence of the case. With the above directions, this bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant