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2025 DAILYLAW 19712 (GAU)

MD HUSSEN ALI v. THE STATE OF ASSAM

AB/2346/2025 · 2025-10-15

Shamima Jahan

body2025

Judgment text

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Page No.# 1/2 GAHC010216062025 2025:GAU-AS:13882 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2346/2025 MD HUSSEN ALI S/O AFZAL MUNSHI R/O VILL- 2 NO. NANGLICHAR P.S. SHYAMPUR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S A AHMED, F BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 16.10.2025 Heard Mr. S.A. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned Addl. Public Prosecutor appearing for the State. By this application, the petitioner has prayed for pre arrest bail in Page No.# 2/2 connection with Shyampur P.S. Case No. 03/2025 registered under Section 329(4)/118(20/3(5) of BNS. The FIR dated 05.04.2025 reveals that the father and uncle of the victim had tied the victim on the bed in the house and they cut the right leg of the victim by a machete. The information was given by the uncle of the victim. Mr. S.A. Ahmed, learned counsel appearing for the petitioner submits that the entire incident had taken place due to the fact that the victim had killed his mother and it was only a retaliatory action on the part of the petitioner. Mr. B. Sharma, learned Addl. Public Prosecutor however, submitted on the basis of the Case Diary that the leg of the victim was cut below the knee by his own father and uncle and he has also placed the statement of the victim where he has stated that he was tied up with his bed and his leg was cut by his own father and uncle. The medical report also showed that the leg was cut below the knee. In view of the submissions made at the bar more so on the fact that the father had amputated the leg of his son by a machette, this Court does not deem it fit to release the petitioner on pre arrest bail. The petition is dismissed and disposed of. JUDGE Comparing Assistant