Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2980/2024 RAHMAN ALI AND 2 ORS.
S/O LATE SAGAR ALI R/O VILL- ANGTIHARA, P.S. DOTMA, DIST. KOKRAJHAR (BTR), ASSAM 2: MD SEKINDAR ALI D/O NAGAR ALI R/O VILL- ANGTIHARA P.S. DOTMA DIST. KOKRAJHAR (BTR) ASSAM 3: NAGAR ALI S/O LATE IBRAHIM SHEIKH R/O VILL- ANGTIHARA P.S. DOTMA DIST. KOKRAJHAR (BTR) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.01.2025
1. Heard Mr. K. Boruah, learned counsel for the petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public prosecutor for the State of Assam.
2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in respect of Dotama Police Station Case No.09/2024.
3. The petitioners and some other persons had a fight on the issue of demarcation of lands, both sides attacked each other, both sides sustained injuries and both sides lodged separate FIRs.
4. In this case, the victims have named the petitioners Rahaman Ali and Md. Sekindar Ali as accuses, therefore these persons are not entitle to get anticipatory bail.
5. The prayer for anticipatory bail is rejected.
6. However, the Case Diary does not have sufficient incriminating materials against Nagar Ali and therefore he does not deserve to be detained in custody.
7. The pre-arrest bail application of Nagar Ali is allowed.
8. It is hereby directed that in the event of arrest in connection with Dotama Police Station Case No.09/2024, the petitioner Nagar Ali shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the arresting authority.
9. The petitioner shall appear before the Police Investigating Officer within next 10 days from today.
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10. The petitioner shall co-operate with Police Investigation as and when required
11. Case Diary shall be returned.
12. The bail application stands disposed of. JUDGE Comparing Assistant