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2025 DAILYLAW 24619 (GAU)

AHIBOR RAHMAN AND AND 9 ORS. v. THE STATE OF ASSAM

AB/2844/2025 · 2025-12-18

Pranjal Das

body2025

Judgment text

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Page No.# 1/5 GAHC010268642025 2025:GAU-AS:17767 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2844/2025 AHIBOR RAHMAN AND AND 9 ORS. S/O ABDUL SALAM VILL HALDIBARI PT I PS SAPATGRAM DIST DHUBRI ASSAM 2: ANOWAR ALI S/O LATE PIYAR ALI VILL HALDIBARI PT I PS SAPATGRAM DIST DHUBRI ASSAM 3: SHAHANUR ALI S/O ANOWAR ALI VILL HALDIBARI PT I PS SAPATGRAM DIST DHUBRI ASSAM 4: ROFIQUL ISLAM S/O ABU BAKKAR VILL HALDIBARI PT I PS SAPATGRAM DIST DHUBRI ASSAM Page No.# 2/5 5: ASHIQ AHMED S/O NUR ISLAM VILL HALDIBARI PT I PS SAPATGRAM DIST DHUBRI ASSAM 6: SAIDUL @ SAIFUL RAHMAN S/O ABDUL SALAM VILL HALDIBARI PT I PS SAPATGRAM DIST DHUBRI ASSAM 7: RAHMAT ALI S/O ABDUL SALAM VILL HALDIBARI PT I PS SAPATGRAM DIST DHUBRI ASSAM 8: OHIBOR RAHMAN S/O ABDUL SALAM VILL HALDIBARI PT I PS SAPATGRAM DIST DHUBRI ASSAM 9: AIZUL HOQUE VILL HALDIBARI PT I PS SAPATGRAM DIST DHUBRI ASSAM 10: JAHANUR ALI S/O JOHOR ALI VILL KHEJURBARI PS SAPATGRAM DIST DHUBRI ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Page No.# 3/5 Advocate for : MR. S ISLAM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 19.12.2025 Heard Mr. S. Islam, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Addl. P.P. appearing for the State respondent. 2. This is an application under Section 482 of BNSS, 2023, has been filed by the petitioners, namely, Ahibor Rahman, Anowar Ali, Shahanur Ali, Rofiqul Islam, Ashiq Ahmed, Saidul @ Saiful Rahman, Rahmat Ali, Ohibor Rahman, Aizul Hoque and Jahanur Ali, seeking pre-arrest bail in connection with with Sapatgram P.S. Case No.66/2025, under Sections 191(3)/109/117(2)/118 of BNS, 2023. 3. The FIR dated 28.10.2025 was lodged by one Sur Alom with the allegation is that on 26.10.2025 in the evening, funeral prayers of one Rofikul Islam's daughter was going on in the house of Apij Uddin, whereupon, the accused persons started playing loud music in the house of one Abu Bakkar. As a result of the same, there was verbal altercation, where after, the accused persons armed with sharp weapons attacked the informant's younger brother, uncle and nephew causing severe injuries and the victims were taken to hospital and undergoing treatment in serious condition. Page No.# 4/5 4. The case diary has been received. 5. The learned Addl. P.P. submits that the investigation is not yet completed and as per the medical reports, the two of the victims sustained grievous injuries caused by sharp weapons on the on the head. Two victims namely Akinur Islam and Habizur Rahman, another victim Burhan Hoque sustained simple injuries caused by blunt weapon. The learned Addl. P.P. objected to the grant of bail to the accused/petitioners. 6. Perused the statement of victim, Akinur Islam, in which he has implicated the accused persons. Another victim Burhan Hoque has also implicated. 7. It is submitted by the learned counsel for the petitioner that the petitioners were the family members and they were present for the marriage ceremony, which was going on and the unfortunate incident took place. It is submitted that all of them have been roped in the FIR. Vide separate order passed in another bail petition, the accused therein have been granted regular bail. 8. Considering the progress of the investigation, it is directed that in the event of their arrest, the accused persons named above, are hereby allowed to go on pre-arrest bail of Rs. 30,000/- each with one surety of like amount each to the satisfaction of the arresting authority, and subject to the following conditions that:- (i) That the accused petitioners shall co-operate with the investigation and they shall appear before the Investigating Officer and making themselves available for examination. (ii) That the accused petitioners shall not hamper or tamper with evidence. (iii) That the accused petitioners shall not misuse their liberty to commit any offences. Page No.# 5/5 9. Violation of any bail conditions will entail cancellation of the bail. 10. This anticipatory bail application stands allowed and disposed of. 11. Send back the case diary. JUDGE Comparing Assistant