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2025 DAILYLAW 17274 (GAU)

ALAL UDDIN AND ANR v. THE STATE OF ASSAM

AB/2277/2024 · 2025-02-16

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010174982024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2278/2024 ALAL UDDIN AND ANR S/O LT SAMSUL HUDA, VILL- BHOGAMUR, P.S.-SAMAGURI, DIST- NAGAON, ASSAM 2: ASMA KHATUN W/O ALAL UDDIN VILL- BHOGAMUR P.S.-SAMAGURI DIST- NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MS F HUSSAIN,MR. S RAHMAN,MD R ISLAM,H M I HOQUE,MD IMRAN Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2277/2024 ALAL UDDIN AND ANR S/O LT. SAMSUL HUDA VILL- BHOGAMUR P.S.-SAMAGURI DIST- NAGAON ASSAM 2: ASMA KHATUN W/O ALAL UDDIN VILL- BHOGAMUR Page No.# 2/3 P.S.-SAMAGURI DIST- NAGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR S M ABDULLAH P Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.02.2025 Both the applications are taken up together for disposal by this common order. 2. Heard Mr. S.M. Abdullah P., the learned counsel appearing for the petitioners. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 3. Both these applications are filed under Section 482 of the BNSS, 2023, praying for pre- arrest bail in respect of Samaguri P.S. Case No. 197/2024 as well as Samaguri P.S. Case No. 194/2024. 4. Two persons filed two FIRs on the same incident. In the said incident, one woman died. It is alleged that poison was administered to the deceased, for which she died. 5. The viscera was sent for medical examination. It was found that the viscera did not contain any poison. 6. Moreover, pursuant to the interim order granted earlier, the petitioners have appeared before the Investigating Officer and have co-operated with police investigation. 7. For the aforesaid reasons, the petitioners do not deserve to be detained in custody. 8. The pre-arrest bail applications of the petitioners are allowed. 9. It is hereby directed that in the event of arrest in connection with Samaguri P.S. Case No. 197/2024 & Samaguri P.S. Case No. 194/2024, the petitioners, Alal Uddin & Asma Khatun shall be Page No.# 3/3 released on bail of ₹ 20,000/- each with sureties of like amount to the satisfaction of arresting authority. 10. The interim order granted by this Court earlier in favour of the petitioners is hereby made absolute. With the aforesaid direction, both the pre-arrest bail applications are disposed of. The CD (s) shall be returned. JUDGE Comparing Assistant