Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010173962025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1882/2025 AMINUR RAHMAN S/O LT ABDUL MATIN R/O NO. 2 AHMEDPUR PO ISLAMGAON PS BIHPURIA DIST LAKHIMPUR ASSAM PIN 787054 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MRS. S Y AHMED,MS. F H AHMED,MR. M ALOM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 15 .09. 2025 Heard Mr. M.K. Hussain, 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, Aminur Rahman under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail, apprehending arrest in connection with North Lakhimpur P.S. Case No. 252/2025 under Sections 126(2)/310(2)/188(2) of
Page No.# 2/3 BNS, 2023. The factual matrix as projected in the FIR is that the ejahar was lodged on 25.07.2025 by one Md. Rosidul Haque with the Officer-in-Charge of North Lakhimpur Police Station alleging inter alia that on 25.07.2025 he loaded total 34 cattles in LP Truck bearing Registration No. AS-01-FC-7291 from Gogamukh Bazar with valid documents and while coming towards Kharupetia and after reaching Chabati Bye Pass Railway Over Bridge his vehicle was obstructed by one white colour Alto vehicle bearing Registration No. AS-01-P-3784. Then five accused persons came down from the said Alto vehicle and demanded Rs. 1,00,000/- (Rupees one lakh) from him. On refusal to fulfill their demand, they threatened him to inform the police with video record and the accused persons alongwith 15/20 persons beaten him and caused injuries to him and they snatched away Rs. 15,000/- (Rupees fifteen thousand) from his pocket. He became unconscious and fell down due to injury caused by them and they ran away. Thereafter the police recovered him and sent to the hospital and subsequently be became conscious. Perused the case diary. It appears from the case diary that the injury caused to the informant side was simple in nature. Moreover, recovery of money which was allegedly snatched away from the informant was made from one Salim Lakar and not from the petitioner.
The learned Additional Public Prosecutor, on the other hand, has objected the prayer for bail 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. Page No.# 3/3 Considering the submission of the learned counsel for the parties, the petitioner namely Aminur Rahman in the event of his arrest is allowed to go on pre arrest bail on furnishing a bond of Rs. Rs. 20,000/- (Rupees twenty thousand only) with one surety each of like amount to the satisfaction of the arresting authority in connection with the aforementioned case, 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; (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