Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 19882 (GAU)

SHAH ALOM @ MD. SAHA ALOM AND 2 ORS v. THE STATE OF ASSAM

AB/2386/2025 · 2025-09-25

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010219792025 2025:GAU-AS:13437 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2386/2025 SHAH ALOM @ MD. SAHA ALOM AND 2 ORS S/O- HASSAIN ALI @ HASEN ALI. R/O- VILL.- BANGO GAON, P.S.- BIHPURIA, DIST.- LAKHIMPUR, ASSAM. 2: EZNARA BEGUM W/O- SHAH ALOM @ SAHA ALOM. R/O- VILL.- BANGO GAON P.S.- BIHPURIA DIST.- LAKHIMPUR ASSAM. 3: NUR MAHAMMAD ALI S/O- CHURAB ALI. R/O- VILL.- BANGO GAON P.S.- BIHPURIA DIST.- LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 26.09.2025 Heard Mr. M. Hoque, the learned counsel appearing for the petitioners. Also heard Mr. K. Baishya, learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023 in respect of Bihpuria P.S. Case No.174/2025 under Sections 76/117(2)/3(5) of the BNS, 2023. 3. A girl had lent money to one of the petitioners, namely- Shah Alom @ Md. Saha Alom. She demanded money, which he had borrowed from her. On that issue, she was beaten up by Shah Alom and some other persons who were named in the FIR. 4. I have heard the submissions of the learned counsel of both sides. 5. This Court is of the opinion that for the aforesaid offence, the petitioners do not deserve to be detained in custody. Therefore, their pre-arrest bail application is allowed. 6. It is hereby directed that in the event of arrest in connection with Bihpuria P.S. Case No.174/2025 under Sections 76/117(2)/3(5) of the BNS, 2023, the petitioners, namely- (1) Shah Alom @ Md. Saha Alom, (2) Ezanara Begum and (3) Nur Mahammad Ali, who were apprehending arrest, shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the arresting authority. The petitioners shall co-operate with police investigation, as and when required. With the aforesaid direction, the present anticipatory bail application is disposed of. JUDGE Comparing Assistant