Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010173972025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : Bail Appln./3014/2025 MAMUN RASHID SON OF ABDUL MATIN ADDRESS- PUB BANDARMELA HOJAI P.O. CHARING P.S. MURAJHAR DIST. HOJAI ASSAM PIN- 782439 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR K K MAHANTA (Sr. Advocate) Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER 17.09.2025
1. Heard Mr. K. K. Mahanta, learned senior counsel assisted by Mr. K. H.
Page No.# 2/3 Saikia, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor and Mr. D. Das, learned senior counsel assisted by Mr. D. Talukdar, learned counsel for the informant. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Mamun Rashid, is stated to be in custody since 31.08.2025 praying for grant of bail in connection with Murajhar P.S. Case No.109/2025 under Sections 61(2)/103/238 of BNS. 3. The allegation in the ejahar lodged by wife of the deceased naming ten accused persons is that the accused persons in conspiracy killed her husband in a pre planned manner. 4. Learned senior counsel submits that the petitioner has been falsely implicated in a case which is actually a case of suicide pursuant to a complaint against the deceased about his involvement in a sexual molestation case of a minor. It is submitted that the petitioner is willing to render full co-operation. 5. Mr. P. Borthakur, learned Additional Public Prosecutor submits that there is a host of materials against the petitioner implicating his complicity in the alleged offence. There are also materials implicating his involvement in trying to pressurize the informant side and even law enforcing authority. 6. Mr. D. Das, learned senior counsel for the informant supports the contention of the prosecution. 7. The case diary has been received along with an elaborate bail objection. The IO has made some powerful contentions in his bail objection. It is stated that the story of sexual assault was a camouflage for the act which the investigation has found to have been undertaken in a pre planned manner. IO has stated that the accused person is influential and due to his effort to influence, even the higher police authority had to change the IO. It is contended that even the medical official has been sought to be pressurized. The IO has contended that granting of bail would cause serious prejudice to the
Page No.# 3/3 investigation. 7. In view of continuance of the investigation and the points contended by the IO – in which I find sufficient force, from the materials revealed by investigation – I am of the view that bail at this stage to this accused is likely to prejudice the investigative efforts. 8.
Accordingly, the bail application stands rejected at this stage and
disposed of.
9. Return the case diary.
JUDGE Comparing Assistant