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2025 DAILYLAW 2349 (GAU)

SABED ALI v. THE STATE OF ASSAM

AB/2995/2025 · 2026-01-20

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010276322025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2995/2025 SABED ALI SON OF TIGABAR SHEIKH @ TIKBAR ALI, RESIDENT OF VILLAGE- SUKATI KHATA (BALABARI), POLICE STATION- GAURIPUR, DISTRICT- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 21.01.2026 Heard Md. I H Laskar, the learned counsel appearing for the petitioner and Mr. R J Baruah, the learned Additional Public Prosecutor for the state of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of PRC Case No. 447/2025 arising out of Gauripur P.S. Case No. 229/2024 pending in the Court of learned Chief Judicial Magistrate, Dhubri. 3. The petitioner Sabed Ali has been shown as absconder in the charge-sheet alleging Page No.# 2/2 commission of offence under Sections 61(2)(a)/103(1)/238(a)/3(5) of the BNS, 2023. 4. The learned counsel for the petitioner has submitted that the petitioner wants to face the trial and therefore, he should be given adequate opportunities to that effect. 5. Mr. Baruah has submitted that there are sufficient incriminating materials against the present petitioner and he never co-operated with the Investigating Officer at the time of investigation. 6. Mr. Baruah has objected to this bail application. 7. I have considered the submissions made by the learned counsels of both sides. 8. Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunities to that effect. Therefore, his bail application his allowed. 9. It is hereby directed that the petitioner shall appear before the Court of the learned Chief Judicial Magistrate, Dhubri in connection with PRC Case No. 447/2023 within next 10 days from today. On his appearance, the petitioner, Sabed Ali shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhubri. 10. It is further directed that the petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to appear, the learned trial court shall be at liberty to procure his attendance in accordance with the procedures as laid down by law. 11. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant