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2025 DAILYLAW 17650 (GAU)

MD HAMED ALI v. THE STATE OF ASSAM

AB/1970/2025 · 2025-09-07

Anjan Moni Kalita

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010180792025 2025:GAU-AS:12188 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1970/2025 MD HAMED ALI S/O LT. AYAT ALI R/O VILL- RUHINIBIL P.S. THELAMARA DIST. SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA 08.09.2025 Heard Mr. I. Hussain, learned counsel for the accused applicant. Also heard Mr. D. P. Goswami, learned Addl. PP for the State. 2. This instant application has been filed under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail, apprehending his arrest in Page No.# 2/3 connection with Thelmara P.S. Case No. 56/2025 under Section 118 (1)/109(1)/189(1) (d) of BNS, 2023 corresponding to G. R. No. 908/2025. 3. The brief facts, as enumerated, is that an FIR was lodged on 04.07.2025 by the informant, namely, Md. Abdul Kadir, P.S.-Thelamara, District-Sonitpur, Assam alleging that several accused persons including the accused applicant attacked his brother with stick, iron rod etc and thereby assaulted him causing grievous injury, for which he was admitted to Hospital in connection with some land dispute. 4. The learned counsel for the accused applicant submitted that the applicant is an old person of 77 years old suffering from various neurological infirmities and has been falsely roped in the instant case. He further submitted that he was no way involved in the alleged offence as described in the aforesaid FIR and submitted that he only happened to be there as he got to know about some quarrel happening in the field. The learned counsel for the accused applicant further submitted that the Police visited the house of the accused applicant and arrested 2 (two) other members of his family in connection with the instant case but did not arrest the accused applicant looking into his physical condition. He submitted that the accused applicant is a senior citizen of the village without having any past criminal antecedents. 5. In view of the aforesaid submissions, the learned counsel for the accused applicant submitted that the interim pre-arrest bail granted to him vide order, dated 18.08.2025, in the instant case, may be made absolute. 6. I have also heard Mr. D. P. Goswami, the learned Addl. PP who submitted that the Case Diary in the instant case has been received, in Page No.# 3/3 fact, there is no such incriminating materials against the accused applicant about his involvement in the alleged crime mentioned in the aforesaid FIR. The learned Addl. PP also submitted that pursuant to grant of interim pre- arrest bail dated 18.08.2025, the accused applicant has appeared before the I.O. of the case and his statement has also been recorded. 7. After considering the matter in its entirety, this Court is of the considered opinion that this is a fit case, wherein, the interim pre-arrest bail granted on 18.08.2025 by this Court may be made absolute. Accordingly, the instant Anticipatory Bail Application is allowed by making the interim pre-arrest bail dated 18.08.2025 absolute with the same terms and conditions. This Anticipatory Bail application stands disposed of as allowed. JUDGE Comparing Assistant