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2025 DAILYLAW 19169 (GAU)

NEKIBOR RAHMAN ALIAS NEKIB ALI v. THE STATE OF ASSAM

Bail Appln./3059/2025 · 2025-09-24

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010205862025 2025:GAU-AS:13347 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3059/2025 NEKIBOR RAHMAN ALIAS NEKIB ALI SONOF JANMAHMUD ALI R/O KHEPKUCHI, TENGABARI,P.O. MAHJAN PARA, P.S. BAIHATA CHARIALI, DIST. KAMRUP, ASSAM, PIN-781353 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAMUAH, Y N MAHANTA,R BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 25.09.2025 Heard Mr. A. Chamuah, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of Bharatiya Nagarik Page No.# 2/3 Surakskha Sanhita, 2023, whereby the accused petitioner, namely, Nakibor Rahman @ Nekib Ali, who was arrested on 09.08.2025, has prayed for bail in connection with Panbazar P.S. Case No. 259/2025 under Sections 103(1)/118(2)/3(5) of BNS, 2023. 3. The case arose out of an FIR dated 08.08.2025 lodged by a police official with allegation about finding an injured person, who was taken to hospital and subsequently he died. It is also alleged that another injured person was found in that area and he was also hospitalized. It is also alleged that in the early hours, these victims were assaulted by some shopkeepers of that area, suspecting them of theft. Nine persons have been named as accused/suspects including the present petitioner. 4. It is submitted by the learned counsel that the present accused is not named in the FIR and is not involved in the in the alleged incident. 5. The case diary has been received. 6. Mr. Goswami, learned Additional PP, submits that investigation has found materials against co-accused Sareful Ahmed and others. Though there is general implication but there is no implication by name of the present accused person. 7. The said Sareful Ahmed was granted bail by this Court on 19.09.2025, on Page No.# 3/3 the ground of length of detention and progress of investigation. Investigation has also progressed. The case is stated to be pending for the FSL report. 8. In the given facts and circumstances, and also considering the aspect of parity, the present accused Nakibor Rahman @ Nekib Ali is allowed to go on bail bond of Rs. 25,000/- with the surety of the like amount each to the satisfaction of the arresting authority, subject to the following conditions: (a) He shall co-operate with the remaining investigation; (b) He shall not hamper and/or tamper with the evidence; (c) He shall not intimidate or harass the informant and his family. 9. The bail petition stands allowed and disposed of. JUDGE Comparing Assistant