Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010233332024
2025:GAU-AS:3702
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2938/2024 SAFIQUL ISLAM AND ANR S/O LATE ABDUL BASAR R/O PUTHIKHAITY, GUNABARI P.S. RUPAHIHAT DIST. NAGAON, ASSAM 2: ABDUL RAFIQUE @ RAFIKUL ISLAM S/O LATE ABDUL BASAR R/O PUTHIKHAITY GUNABARI P.S. RUPAHIHAT DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. MD I HAQUE, Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 28.03.2025 Heard learned counsel, Mr P K Chetri, for the petitioners, 1) Safiqul Islam, and 2) Abdul Rafique @ Rafikul Islam, who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail, as they are
Page No.# 2/2 apprehending arrest in connection with Rupahihat PS Case No. 283/2024, under Sections 61(2)(a)/103(I)/238/(a) of the BNS, 2023.
2. Heard Mr D P Goswami, learned Additional Public Prosecutor, Assam for the respondent State.
3. The petitioners are apprehending arrest as a case has been brought up against them by the wife of the deceased Motibur Rahman. The deceased has allegedly submerged the boat of the petitioners after an incident of assault on 07.09.2024. The petitioners’ labour came searching for the boat belonging to the petitioners, as instructed by the petitioners. From the next day, the informant’s husband was found missing and later on, his dead body was recovered. The wife of the deceased has brought up this case on suspicion that the petitioners may have killed her husband.
4. I have considered the submissions at the Bar. I have also perused the Case Diary.
5. The petitioners were granted interim bail vide order dated 09.01.2025, by a coordinate Bench of this Court. The petitioners have appeared before the IO and their statements have been recorded. They have cooperated with the investigation.
6. Considering all aspects, the interim order dated 09.01.2025, is hereby made absolute.
7. Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant