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2025 DAILYLAW 24621 (GAU)

GIASUDDIN ALIAS MD GIAS ALI v. THE STATE OF ASSAM

AB/2848/2025 · 2025-12-03

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010262942025 2025:GAU-AS:16670 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2848/2025 GIASUDDIN ALIAS MD GIAS ALI SON OF LATE NUR MOHAMMAD VILLAGE DHUHI NO. 2, PS KAYAN DISTRICT KAMRUP ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS G DEKA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 04.12.2025 Heard Ms. G. Deka, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl Public Prosecutor for the State. This is an application under Section 482 of the BNSS, 2023 seeking pre- arrest bail to the accused/petitioner namely, Giasuddin @Md. Gias Ali in Page No.# 2/3 connection with PRC Case No. 1212/2012 under Section 395 of IPC. The case is charge-sheeted one and a summon has been issued to the present petitioner. As per the allegation, on 23.12.2011 a group of dacoits entered into the house of the informant by breaking the door and locking all the members of the family in the room threatening to kill them and the dacoits looted Rs. 33,000/- in cash alongwith golds, silver coins, mobile phones, water motor etc. During the course of investigation, Police arrested 6 numbers of persons and while submitting the charge sheet, the present petitioner was shown as an absconder. It is submitted that since the case is a sessions triable one, upon the appearance of the petitioner before the learned Magistrate, he will be taken into custody. Considering the above, it is provided that upon appearance of the petitioner on the next date fixed pursuant to the summons and in the event of any bail application being filed, the petitioner’s application shall be considered as per law. Till then, it is provided that in the event of his arrest, the petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the arresting authority. It is further provided that upon appearance of the petitioner before the learned Magistrate, after due compliance with the procedural law, the matter shall be committed as expeditiously as possible. Page No.# 3/3 With the aforesaid direction, the present Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant