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2025 DAILYLAW 19016 (GAU)

ABDUR REZZAK ALIAS ABDUL RAZAK v. THE STATE OF ASSAM

Bail Appln./2973/2025 · 2025-09-16

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010203912025 2025:GAU-AS:12836 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2973/2025 ABDUR REZZAK ALIAS ABDUL RAZAK SON OF HASEN ALI, R/O VILLAGE MAYER CHAR, PART VI, P.S. BILASIPARA, DIST.DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H TALUKDAR, MR R I BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 17.09.2025 1. Heard Mr. R. I. Bhuyan, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State of Assam. 2. The petitioner, Abdur Rezzak @ Abdul Razak is seeking regular bail in connection with Chandmari P. S. Case No.195/2025, under Section311 of the BNS, 2023 stated to have been arrested on 03.08.2025 and presently in pre-trial Page No.# 2/3 detention stage. 3. The allegations in the ejahar dated 28.07.2025 lodged by one Sri. Pratap Chandra Das is regarding commission of Dacoity in their house on the intervening night of 27th and 28th of July, 2025 by some persons with face masks and in the said Dacoity many valuable items were stolen and they were threatened with weapons. The present accused was arrested during investigation. 4. Learned counsel for the petitioner submits that the accused was also custodially examined for 5 days after his arrest and it is also contended that he is innocent and on the day of the incident he was in Dhubri District, pursuant to his marriage. 5. On the other hand, learned Additional Public Prosecutor along with the Case Diary submits that sufficient incriminating materials and the involvement of the present petitioner along with the co-accused have been found in the alleged Dacoity. 6. It is submitted that from technical analysis, the presence of the present accused is indicated at the alleged place of occurrence. The IO has strongly objected to the grant of bail. Case Diary produced and perused some relevant portion, the contention of the IO are supported by the learned Additional Public Prosecutor. 7. It is stated that the investigation has revealed the involvement of larger gang in acts of Dacoity and previous cases or such alleged offences are also registered against these accused persons. 8. In view of such circumstances contended by the prosecution, it may not be prudent to grant bail at this stage as the investigation is still in active progress. Page No.# 3/3 9. The bail petition is rejected at this stage. 10. Send back the Case Diary. JUDGE Comparing Assistant