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2025 DAILYLAW 20180 (GAU)

MD FARIDUL ISLAM AND 2 ORS. v. THE STATE OF ASSAM

AB/2928/2024 · 2025-01-07

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010225642024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2928/2024 MD FARIDUL ISLAM AND 2 ORS. S/O LATE AJGOR ALI R/O DHUBANG KHAITI, WARD NO. 9, P.S. LAHORIGHAT, DIST. MORIGAON, ASSAM 2: AJIBUR RAHMAN S/O LATE AJGOR ALI R/O DHUBANG KHAITI WARD NO. 9 P.S. LAHORIGHAT DIST. MORIGAON ASSAM 3: ASMINA KHATUN W/O FARIDULISLAM R/O DHUBANG KHAITI WARD NO. 9 P.S. LAHORIGHAT DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P K SARMA, MS R SAHIN,MS. B BHUYAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.01.2025 Heard Ms. B. Bhuyan, learned counsel appearing for the petitioners as well as Mr. RR Kaushik, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023, whereby the petitioners have prayed for grant of pre-arrest bail in respect of Lahorighat P.S. Case No. 198/2024. 3. A 10 year old girl was coming back to her house from school. At that time, a 13 year old boy threw a jute stick towards the girl, which hit her eyes. It is alleged that one of her eyes was damaged. 4. The present petitioners are father, mother and uncle of the said 13 year old girl. 5. I have considered the submissions made by the learned counsel of both sides. 6. The case diary does not have sufficient incriminating materials to justify the custodial interrogation of the three petitioners. 7. Therefore, the bail application of the petitioners is allowed. 8. It is hereby directed that in the event of arrest in connection with Lahorighat P.S. Case No. 198/2024, the petitioners, Faridul Islam, Ajibur Rahman & Asmina Khatun shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the arresting authority. 9. The petitioners shall appear before the Investigating Officer as and when required and co-operate with the Investigating Officer. 10. With the aforesaid direction, the anticipatory bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant