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2025 DAILYLAW 21644 (GAU)

GULAB KHAN @ GOLAP KHAN v. THE STATE OF ASSAM

AB/3266/2024 · 2025-01-06

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010263432024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3266/2024 GULAB KHAN @ GOLAP KHAN S/O MD. ALAM KHAN R/O VILL- HARILAL BASTI, NEAR KALI MANDIR, P.O. AND P.S. DIPHU DIST. KARBI ANGLONG, ASSAM PRESENT R/O WARD NO. 6, HOSPITAL ROAD, CIVIL HOSPITAL COLONY NEAR, NEAR NURSE COLONY, DIPHU, P.O. AND P.S. DIPHU, DIST. KARBI ANGLONG, ASSAM, PIN-782460 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.01.2025 Heard Mr. M.I.Hussain, learned counsel for the petitioner and Mr. D.P.Goswami, learned Addl.P.P. for the State respondent. This application under Section 482 of the BNSS, 2023 has been filed praying for grant of pre-arrest bail to the petitioner, Gulab Khan @ Golap Khan in respect Page No.# 2/3 of Diphu PS Case No.100/2024underSection140(3)/127(2)/117(2)/308(5)/351(3)/3(5) of the BNS Act. The informant Abdul Jakir Hussain has lodged an FIR with the allegation that three years prior to filing of the FIR, he paid an amount of Rs.1,30,000/- to three persons, namely, Paul Terang, Rakesh Terang and Golap Khan. The money was paid in order to gain lease of a plot of land. Those persons demanded Rs.3 Lakhs. On a subsequent date, they demanded an enhance amount of Rs. 5 Lakhs. Abdul Jakir Hussain was taken to Hafjan football field in a scorpio vehicle and was beaten up by bamboo stick. They also forcibly took signatures of three persons on a blank paper forcing him to transfer his house and property in their names. Case diary reveals that the informant Abdul Jakir Hussain sustained simple injury which were caused by blunt weapon. For the above reasons, the petitioner does not deserve to be detained in custody. The pre-arrest bail application is hereby allowed. It is hereby directed that in the event of arrest of the petitioner Gulab Khan @ Golap Khan shall be released on furnishing bail bond of Rs.20,000/- with a surety of like amount to the satisfaction of the arrest authority. He shall appear before the Investigating Officer within 10 days and shall co-operate with the investigation as and when called. With the aforesaid direction, the pre-arrest bail application stands disposed of. Case diary be returned back. JUDGE Page No.# 3/3 Comparing Assistant