Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010208952025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : AB/2320/2025 MD MAINUL ISLAM S/O LT FAJLUL ISLAM R/O VILL- MOHBONDHA PURONA LINE UNDER PULIBOR POLICE STATION DIST JORHAT ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. B M CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 26.09.2025
1. Heard Mr. B. M. Choudhury, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam.
2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Md. Mainul Islam, has prayed for
Page No.# 2/2 granting pre-arrest bail, apprehending arrest in connection 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 caused with the intention to misappropriate their land.
5. 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.
6. Case diary has been received.
7. 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.
8. In the given facts and circumstances keeping in mind that the investigation has revealed implicating material against the accused person and also keeping in mind the nature of the alleged offence – it may not be prudent at this stage to allow the bail prayer.
9. Accordingly, the bail application stands rejected and disposed of.
10. Return the case diary
JUDGE Comparing Assistant