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2025 DAILYLAW 17232 (GAU)

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

AB/1934/2025 · 2025-09-01

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/5 GAHC010174382025 2025:GAU-AS:11810 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1934/2025 MOIN UDDIN AND 3 ORS. SON OF LATE RAIYAB ALI, VILLAGE- NS SOLAMONA, KOTAMONI, P.S. BAZARECHERA, DIST. SRIBHUMI, ASSAM, PIN-788728 2: HAOWARUN NESSA WIFE OF MOIN UDDIN VILLAGE- NS SOLAMONA P.O. KOTAMONI P.S. BAZARECHERA DIST. SRIBHUMI ASSAM PIN-788728 3: ANOYARI BEGAM WIFE OF JABAN ALI VILLAGE NS SOLAMONA P.O. KOTAMONI P.S. BAZARECHERA DIST. SRIBHUMI ASSAM PIN-788728 4: ABDUL HOQUE SON OF LATE JAHIR ALI VILLAGE - SALAMONA P.S. BAZARECHERA DIST. SRIBHUMI ASSAM PIN-78872 VERSUS Page No.# 2/5 THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MR R I BHUYAN,N BRAHMA,MR. M H SAIKIA,MS. L WAJEEDA Advocate for the Respondent : PP, ASSAM, Linked Case : I.A.(Crl.)/894/2025 MOIN UDDIN AND ORS SON OF LATE RAIYAB ALI VILLAGE- NS SOLAMONA KOTAMONI P.S. BAZARECHERA DIST. SRIBHUMI ASSAM PIN-788728 2: HAOWARUN NESSA WIFE OF MOIN UDDIN VILLAGE- NS SOLAMONA P.O. KOTAMONI P.S. BAZARECHERA DIST. SRIBHUMI ASSAM PIN-788728 3: ANOYARI BEGAM WIFE OF JABAN ALI VILLAGE NS SOLAMONA P.O. KOTAMONI P.S. BAZARECHERA DIST. SRIBHUMI ASSAM PIN-788728 4: ABDUL HOQUE SON OF LATE JAHIR ALI Page No.# 3/5 VILLAGE - SALAMONA P.S. BAZARECHERA DIST. SRIBHUMI ASSAM PIN-788728 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. N H MAZARBHUIYAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.09.2025 1. Heard Ms. L. Wajeeda, learned counsel for the petitioners. Page No.# 4/5 Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, 1. Moin Uddin, 2. Haowarun Nessa, 3. Anoyari Begam and 4. Abdul Hoque seeking pre- arrest bail in connection with Bazaricherra P.S Case No. 92/2025 registered under Sections 109/3(5) of BNS, R/W Section 67 of IT Act. 3. On perusal of the case diary, the learned Additional Public Prosecutor for the State submits that there is no such incriminating material against the present petitioners. 4. Having regard to the same, it is provided that in the event of their arrest in connection with this case, the above-named accused petitioners shall be allowed to go on bail of Rs.20,000/- (Rupees Twenty Thousand) only each with one surety each of the like amount subject to the satisfaction of the arresting authority with following conditions: (i) That the petitioners shall co-operate in the investigation and appear before the I.O for recording the statement; (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; Page No.# 5/5 (iii) That the petitioners shall not hamper or tamper with evidence. 5. Send back the case diary. 6. Accordingly, this anticipatory bail petition stands disposed of. JUDGE Comparing Assistant