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2025 DAILYLAW 25267 (GAU)

SHOHID UDDIN MOZUMDER @ SAHID UDDIN v. THE STATE OF ASSAM

AB/2880/2025 · 2025-12-16

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010270892025 2025:GAU-AS:17572 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2880/2025 SHOHID UDDIN MOZUMDER @ SAHID UDDIN S/0- LATE ISRAIL ALI,R/O- SINGIRPAR,P.O.- JOYNAGAR, P.S. MURAJAHARDIST. HOJAL, ASSAM, VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,S NAZNIN,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, MR. D K AGARWALA (RINFORMANT) BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 17.12.2025 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. S.S. Ahmed, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Page No.# 2/3 Additional Public Prosecutor for the State and Mr. D.K. Agarwala, learned counsel for the informant. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Shohid Uddin Mozumder @ Sohid Uddin, has prayed for granting pre-arrest bail, apprehending arrest in connection with Murajahar P.S. Case No.238/2025, registered under Sections, 61(2)/308(2)/308(7) of the BNS, 2023. The ejahar was lodged by one Liyakat Ali, naming six persons therein, including the present petitioner in this case. 3. One of the allegations against the petitioner is that he Gaonburah has been taking money from people for issuing documents and with regard to such revenue proceedings before the District Administration Authorities, he submits bogus objections and in lieu, thereof, he extorts money from the persons. 4. It is also alleged that a section of the people of the village submitted a complaint to the Office of the District Commissioner, regarding such misdoings of the petitioner. 5. The learned Senior Counsel for the petitioner submits that the petitioner and the informant are relatives and that the matter is essentially a civil dispute and the parties should strive for amicable settlement of the same. It is submitted that filing of a criminal case is not justified in the circumstances and in any case, his custodial detention may not be necessary and if granted bail, he shall cooperate and abide by any conditions. 6. The learned Senior Counsel for the petitioner submits that the petitioner denies the allegations of demanding and extorting money from the villagers. 7. The case diary has been received along with a bail objection. Page No.# 3/3 8. The learned Addl. P.P. Mr. R.J. Baruah, submits that the Investigation has lent support to the allegations about the petitioner extorting money from people, misusing his position as Gaoburah and lodging false and bogus objections in revenue proceedings for the same. There is also a monetary transaction, but, it is not fully clear as to whether, it is into the account of the petitioner. 9. The informant's side has filed an objection and the petitioner's side has filed a reply thereof. 10. The learned counsel for the informant submits that the contention about civil dispute is not correct, as the petitioner is just trying to escape his criminal liability by giving it a colour of civil dispute. 11. It is submitted that he is fully involved in extorting money from people with the same modus-operandi of submitting bogus objections in revenue proceedings and for settlement of the same, he demands money from the people. 12. My attention has also been drawn to an order of the District Commissioner placing him under suspension and ordering inquiry with regard to the Public complaint. 13. Investigation is still in progress. Upon considering the matter, I am unable to opine that anticipatory bail will be justified in the instant case. 14. Accordingly, the bail petition stands rejected. 15. Return back the case diary. JUDGE Comparing Assistant