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2025 DAILYLAW 25345 (GAU)

MD NIZAM UDDIN AND 9 ORS v. THE STATE OF ASSAM

AB/2740/2025 · 2025-12-09

Pranjal Das

body2025

Judgment text

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Page No.# 1/4 GAHC010253432025 2025:GAU-AS:17086 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2740/2025 MD NIZAM UDDIN AND 9 ORS S/O SAFAR MIYA @ SAKAT ALI 2: SAHAB UDDIN S/O SAFAR MIYA @ SAKAT ALI 3: RIAJ UDDIN S/O SAFAR MIYA @ SAKAT ALI 4: MD SHAMIM AKHTAR @ TIPU S/O NIZAM UDDIN 5: SHARIF UDDIN S/O SAFAR MIYA @ SAKAT ALI 6: SAIJADUR RAHMAN S/O SALIM UDDIN ALL ARE R/O VILL. BAMUN GAON P.O. TINIALI BAZAR P.S. LANKA DIST. HOJAI (ASSAM) PIN 782446 7: EKRAMUL HUSSAIN S/O JALILUR RAHMAN 8: JALILUR RAHMAN S/O LATE HABIBUR RAHMAN 9: TAJ UDDIN S/O LATE HABIBUR RAHMAN 10: ASHIF AHMED Page No.# 2/4 S/O RAJ UDDIN ALL ARE R/O VILL. BORDOLOI PATHAR P.O TINIALI BAZAR P.S. LANKA DIST. HOJAI (ASSAM) PIN 78244 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : F K R AHMED, MRS. H THAKURIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 10.12.2025 1. Heard Mr. F. K. R. Ahmed, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (1) Md. Nizam Uddin (2) Sahab Uddin (3) Riaj Uddin (4) Md. Shamim Aktar @Tipu (5) Sharif Uddin (6) Sajjadur Rahman (7) Ekramul Hussain (8) Jalilur Rahman (9) Taj Uddin (10) Ashif Ahmed, has prayed for granting pre-arrest bail, apprehending arrest in connection with Lanka P.S. Case No. 203/2025, registered under Section 61(2)/126(2) / 118(2)/109(1)/3(5) of BNS, 2023 corresponding to GR No. Page No.# 3/4 1113/2025. 2. It is submitted by the learning counsel that during the pendency of his petition, the petitioner No.9, Taj Uddin has been arrested. 3. The case arose out of FIR dated 21.9.2025 wherein twelve persons are named. The allegations is that on 21.9.2025 in the night at 9 pm somebody released air from the four wheelers of vehicle bearing number AS02AF4989 parked at Bamun Gaon Chariali. Upon getting this information, his elder brother Azim Uddin, aged about 50 years proceeded there and then the accused persons in a premeditated manner came by Belero swift vehicle and armed with iron rod, wooden sticks and sharp weapons intercepted his brother and attacked him and caused him grievous injuries and thereafter fled away. It is alleged that the accused persons attacked his brother with the intention to kill. 4. The counsel for the petitioner summits that as per instruction, there was minor altercation with regard to releasing of air from the vehicle. But the narration in the FIR is highly exaggerated and distorted. 5. The case diary has been received along with the medical report. 6. The learned prosecution submits that the medical report reveals grievous injuries caused by blunt object on head of the victim. It is submitted by the prosecution that apart from this there are significant implicating materials against the petitioners. With regard to the contention on behalf of petitioner No. 10 that at that time, he was in a different place undergoing coaching and submitted a pen drive in this connection. The learned Public Prosecutor has drawn my attention to the relevant portions of the case diary and that the veracity of the said electronic material was Page No.# 4/4 subject of investigation and forensic examination. 8. In view of the emerged circumstances and materials, this may not be an appropriate case for grant of pre arrest bail especially when investigation has not yet completed. 9. Accordingly, this anticipatory bail application stands rejected and disposed of. 10. Return the case diary. JUDGE Comparing Assistant