Page No.# 1/3 GAHC010132092025 2025:GAU-AS:15434 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1391/2025 NURJAMAL HOQUE @ NUR JAMAL SK S/O- AMAR ALI @ OMAR ALI. R/O- BANIAMARI, P.O.- SAHEBGANJ. P.S.- GOLAKGANJ. DIST.- DHUBRI, ASSAM. PIN-783331. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR S RAHMAN, MS L MISHRA,MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 14.11.2025 1. Heard Mr. R. Rahman, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. Scanned copy of TCR along with Case diary has been received. 3. This application under Section 482 of BNSS, 2023 has been filed by the Page No.# 2/3 petitioner, namely, Nurjamal Hoque @ Nur Jamal SK who is apprehending their arrest in connection with Gouripur P.S. Case No. 49/2011 under Sections 392/302 of IPC. 4. On 21.11.2009, the informant Azad Ali lodged an FIR before the O/c. Bilasipara Police Station, stating that, on 20.11.2009, Friday at about 8-30 p.m. the informant came to know that, his younger brother Nurjamal Sheikh, son of Late Abaj Uddin Sheikh of Village Tiamari, P.S. Gouripur, District Dhubri, Assam is the driver of AS-17-A-2552 (Indica) owned by Ashok Kumar Bhaduri, Ward No. 3, Gauripur Town and while he was going towards Bilasipara, then some miscreants killed his brother Nurjamal, thrown his dead body beside the National Highway No. 31 and took away the vehicle. Later on informant's brother Nurjamal was identified by the informant at Bilasipara Police Station and the case is registered as Bilasipara P.S. Case No. 391/09 dated 21.11.2009 U/s. 392/302 IPC. Later on, the case is transferred to Gouripur Police Station which is registered as Gouripur P.S. Case No. 49/ 2011 dated 30.01.2011 U/s. 392/302 IPC and started investigation. 5. The case is of the year 2009 and the charge-sheet has been submitted only in the year 28.11.2023. During this period the petitioner could not be taken into custody. 6. It appears that the petitioner is not a named accused and he has been implicated on the basis of the statements of co-accused persons only and call detail records (CDR). 7. Having regard to the above, I am of the view that taking the petitioner in custody at this stage is not warranted in the aforesaid facts and circumstances. 8. Accordingly, the prayer for pre-arrest bail is allowed. Page No.# 3/3 9. It is directed that in the event of arrest/appearance in connection with this case, the accused-petitioners, named above, shall be released in connection with Gouripur P.S. Case No. 49/2011 under Section 392/302 of IPC, on furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand) with one suitable surety of like amount to the satisfaction of the arresting authority/Court. 10. It is further provided that in connection with the aforesaid case the petitioner shall regularly appear at the trial. 11. Accordingly, the anticipatory bail application stands allowed and disposed of. 12. Send back the case diary. JUDGE Comparing Assistant