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2025 DAILYLAW 20083 (GAU)

NAZIR HUSSAIN KHAN v. THE STATE OF ASSAM

Bail Appln./3274/2025 · 2025-10-22

Pranjal Das

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010223922025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3274/2025 NAZIR HUSSAIN KHAN S/O LATE AHMED HUSSAIN KHAN VILL- HEDAYATPUR , P.O. GOALPARA P.S. GOALPARA, DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, MR N ZAMAN,I AMIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 23.10.2025 Heard Mr. M. H. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the state respondent. 2. This application has been filed under Section 483 of the BNSS, 2023 seeking regular bail by the petitioner, namely, Nazir Hussain Khan in connection with Goalpara P.S. Case No. 175/2025 registered under Sections Page No.# 2/3 318(4)/336(3)/340(2)/3(5) of BNS, 2023 read with Sections 7/13 of the P.C. Act. 3. The case arose out of an FIR dated 10.09.2025 lodged by the Superintendent of MNRR Civil Hospital, Goalpara with the allegations that Rehena Khatun named in the FIR was collecting money from the patients and issuing certificates fraudulently. It is alleged that she has been carrying on with the activities sitting in the office of the Senior Medical Officer–cum- District Nodal Officer Dr. Nazir Hussain Khan of the hospital. Though the basic allegation in the FIR was directed against the said Rehena Khatun, the present accused was also arrested during investigation, on 11.09.2025 and he is presently in judicial custody. 4. The case diary has been received. 5. Mr. P. Borthakur, learned Additional P.P. submits that the investigation and the nature of statements of several witnesses have implicated the present petitioner. However, it is submitted by the prosecution that police during investigation has seized several number of documents and certificates and that the signatures of the accused were not found in the seized documents. Investigation is not yet complete. 6. Nevertheless, under the given circumstances and considering the progress of investigation as well as the length of undergone detention, the accused Nazir Hussain Khan is allowed to go on bail of ₹30,000/- with a surety of the like amount to the satisfaction of the learned Special Judge, Kamrup (Metro), Assam, subject to the following suitable conditions :- (i) The petitioner shall be available for trial, if one commences; (ii) The petitioner shall not tamper or hamper with the evidence or try to influence anybody; Page No.# 3/3 (iii) Violation or breach of any condition(s) shall entail cancellation of bail. 7. With the aforesaid direction, the bail application is allowed and stands disposed of. 8. Return the CD. JUDGE Comparing Assistant