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2025 DAILYLAW 19384 (GAU)

ROHAN AHMED v. THE STATE OF ASSAM

Bail Appln./3058/2025 · 2025-09-25

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010208952025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3058/2025 ROHAN AHMED S/O MAINUL ISLAM R/O MOHBONDHA PURONA LINE , UNDER PULIBOR POLICE STATION, IN THE DISTRICT OF JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, U SARMA,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 26.09.2025 1. Heard Mr. B. M. Choudhury, learned counsel appearing for the accused petitioner as well as Mr. D.P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Rohan Ahmed, praying for grant of bail in connection Page No.# 2/3 with Pulibor P.S. Case No.97/2025 under Sections 103/3(5) of NDPS Act. 3. The allegations in the FIR dated 29.07.2025 is that on 23.07.2025 in the evening while the informant’s father was returning home from the market, the FIR named persons including the present accused gheraoed him and dealt blows, kicked and slapped causing grievous injuries in order to kill him. 4. It is submitted by the learned counsel for the petitioner that due to poor financial condition, treatment was not given properly and on 29.07.2025 informant’s father expired. It is also alleged that the incident was caused with the intention to misappropriate their land. 4. Learned counsel for the petitioner further submits that the ejahar was lodged after the victim died and as per the FIR, the accused persons only kicked and slapped him. 5. Case diary has been received. 6. Learned Additional Public Prosecutor on the basis of the case diary submits that investigation is not complete and the investigation reveals sufficient incriminating materials against the present accused person. 7. I have perused the relevant portions of the case diary including the bail objection of the IO. Nevertheless, despite the implicating materials - considering the progress of investigation and also the length of detention, I am of the considered view that bail can be allowed subject to conditions. 8. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- each with one suitable surety of like amount each to the satisfaction of learned concerned court subject to the following conditions that the petitioner: (a) shall not abscond. (b) Shall not hamper or tamper with evidence. (c) shall co-operate with the remaining investigation. Page No.# 3/3 (d) shall not in any manner intimate or try to influence the witnesses (e) shall not in any manner intimate or harass or threaten the informant and his family members. 9. In case of violation of any bail condition, prosecution/informant shall be at liberty to move appropriate application before the court for cancellation of the bail. 10. A copy of this order shall be sent to the IO who shall inform the informant and his family that in case of any harassment from the accused, the matter shall immediately brought to the notice of the concerned IO. 11. A copy of this order be furnished to the learned Additional Public Prosecutor for necessary compliance. 12. Accordingly, this bail application stands allowed and disposed of. 13. Return the case diary. JUDGE Comparing Assistant