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2025 DAILYLAW 17540 (GAU)

JAHAN UDDIN v. THE STATE OF ASSAM

Bail Appln./2676/2025 · 2025-08-27

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010179072025 2025:GAU-AS:11535 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2676/2025 JAHAN UDDIN S/O LATE UMAR ALI SK. R/O VILL- PASTIBARI P.S. KAZIGAON DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.08.2025 Heard Mr. I. Hussain, learned counsel for the petitioner and Mr. D. P. Goswami, learned Addl. P.P., Assam for the State. By this application filed under Section 483 of the BNSS, 2023 the petitioner, viz., Jahan Uddin Sk. has prayed for releasing him on bail in Page No.# 2/3 connection with Kazigaon Police Station Case No.43/2025 corresponding to G.R. Case No.298/2025 registered under Sections 329(3)/118(2)/ 74/3(5) of the BNS, 2023. The F.I.R. dated 15.06.2025 lodged by the wife of one of the victims reveals that the petitioner along with others had entered into her house and attacked her husband and her brother-in-law with sharp weapons and that the said persons had also tried to sexually molest her sister-in-law. It is also stated that the victims were taken to the hospital as they had suffered injuries. Mr. I. Hussain, learned counsel for the petitioner submits that the allegations were mainly against three accused persons arrayed as accused Nos.1, 2 and 3 in the said F.I.R. He submits that no overt act was attached with the petitioner in assaulting the victims. Mr. D. P. Goswami, learned Addl. P.P., on perusal of the Case Diary, submits that most of the witnesses have stated about the presence of the other three accused persons in the place of occurrence but did not state the name of the petitioner although one of the witnesses had stated that the petitioner was seen trying to drag out the victim from his house. I have heard the learned counsel for the parties and have gone through the materials on record. Considering the submissions made by the learned counsel as well as noticing the fact that the petitioner was not named in the contents of the F.I.R. as to have assaulted the victims, this Court deems it fit to enlarge the petitioner Page No.# 3/3 on bail on furnishing a bail bond of Rs.20,000/- with two local sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar under the following conditions :- 1) That the petitioner will cooperate with the investigation of the case and would appear before the Investigating Officer as and when called for. 2) That the petitioner will not tamper with the evidence or influence the witnesses connected with the case. 3) That the petitioner will not leave the place of residence without the leave of the arresting authority. The Bail Application stands disposed of. JUDGE Comparing Assistant