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2025 DAILYLAW 17189 (GAU)

SHAHAB UDDIN AND ANR v. THE STATE OF ASSAM

AB/1895/2025 · 2025-08-25

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010173352025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1895/2025 SHAHAB UDDIN AND ANR S/O ABDUL RAHIM R/O SAHARIAGAON P.S. MOIRABARI DIST. MORIGAON, ASSAM 2: ASMINA BEGUM W/O SHAHAB UDDIN R/O SAHARIAGAON P.S. MOIRABARI DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, MR. O ULLAH,MR. A S TAPADER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 26.08.2025 Heard Mr. Motiur Rahman, learned counsel for the petitioners. Also heard Page No.# 2/2 Mr. P.S. Lakhkar, learned Additional Public Prosecutor for the respondent. This is an application for pre-arrest bail in connection with Mikirbheta P.S. Case No. 58/2025 under Sections 140(2)/107 of the Bharatiya Nyaya Sanhita, 2023. As per the FIR, on 14.04.2025, the accused No. 1 had confined the victim aged 16 years in his house and upon appearance of the mother of the victim, the accused No. 1 fled and accused Nos. 2 and 3 had assaulted the victim. Due to the humiliation, she consumed poison and ultimately died in hospital. Upon perusal of the CD and the after hearing the learned Additional Public Prosecutor, it does not appear that there is sufficient material requiring the custodial interrogation of the petitioners. Consequently, it is provided that the accused petitioners namely Shahab Uddin, S/o- Abdul Rahim and Asmina Begum, W/o Shahb Uddin shall be released on furnishing a bail bond of Rs. 10,000/- each with one surety each for like amount in the event of arrest in connection with Mikirbheta P.S. Case no. 58/25 under Sections 140(2)/107 of Bharatiya Nyaya Sanhita, 2023 to the satisfaction of the arresting authority. The anticipatory bail petition stands disposed of. JUDGE Comparing Assistant