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2025 DAILYLAW 19451 (GAU)

JAHIDUL ISLAM v. THE STATE OF ASSAM

Bail Appln./3052/2025 · 2025-10-13

Anjan Moni Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010211202025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3052/2025 JAHIDUL ISLAM SON OF LATE HAZRAT ALI R/O VILL- BORSHUHA (TILAPARA), P.S. BARPETA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. U S BORA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14-10-2025 Heard Mr. U.S. Bora, learned counsel for the accused applicant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State. Page No.# 2/3 This is application under Section 483 of BNSS, 2023 praying for release of the accused applicant, namely Jahidul Islam on bail in connection with Barpeta P.S. Case No. 301/2025 under Section 191(3)/132/121(2)/109/118(2)/126(2)/324(5) of BNS. The brief facts of the case narrated in the FIR are that after receipt of some information about gathering of some suspected cyber offenders, the police team visited the village namely, Tilapara village and arrested one Farukh Ali from the aforesaid place. The police team while was about to take the alleged accused Farukh Ali from the spot, the aforesaid Farukh Ali made hue and cry. Hearing the hue and cry, the local villagers gathered there with some lathi and dao and started pelting stones on the police personnel, whereby, some of the police personnel got injured. In view of the aforesaid incident, the FIR was lodged by one Sanjay Kr. Roy, SI of Tarabari Police Station before the Officer-In-Charge of Barpeta Police Station. Learned counsel for the accused applicant submits that the accused applicant is no way connected with the incident and he was neither named in the FIR nor was arrested from the place of occurrence at that time. He further submits that there may be an incident of attack on the police personnel but the accused applicant is no way involved in the case and in fact, he was not present on the particular day in the village and he was working in Star Cement as Belt Attender in Sonapur. He further submits that the accused applicant is already is in judicial custody for the last 57 days. Learned Additional Public Prosecutor for the State submits that he has received the case diary and on perusal of the case diary it is found that the injuries suffered by the police personnel are not of serious nature. After considering the entire aspects of the matter, this Court is of the view that the accused applicant deserves to be released on bail and accordingly, the accused applicant is directed to be released on bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand) with a surety of the like amount to the satisfaction of Chief Judicial Magistrate, Barpeta subject to the following conditions:- i) The accused applicant shall cooperate with the investigation and shall be present for any interrogation as and when called for by the Investigating Authority; ii) The accused applicant shall not try to hamper or tamper or induce anybody so the investigation process is misdirected or hampered. In view of the aforesaid, the instant bail application stands disposed of as allowed. Page No.# 3/3 Case diary so received shall be sent back. JUDGE Comparing Assistant