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2025 DAILYLAW 25413 (GAU)

BODRUL HAQUE @ BADRUL HUSSAIN AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./3947/2025 · 2025-12-16

Pranjal Das

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Judgment text

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Page No.# 1/4 GAHC010267622025 2025:GAU-AS:17560 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3947/2025 BODRUL HAQUE @ BADRUL HUSSAIN AND 2 ORS. S/O ABDUL JOBBAR R/O VILL- SHERPUR PT.II P.S. PATHARKANDI DIST. SRIBHUMI, ASSAM 2: KAMRUL ISLAM @ SAHID HUSSAIN S/O ABDUL JOBBAR R/O VILL- SHERPUR PT.II P.S. PATHARKANDI DIST. SRIBHUMI ASSAM 3: ABDUL JOBBAR S/O LATE FORJAN ALI R/O VILL- SHERPUR PT.II P.S. PATHARKANDI DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR K BHUYAN, MS. A HUSSAIN,MR M HAZARIKA,MR. M U E BHUYAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 17.12.2025 Heard Mr. K. Bhuyan, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, Bodrul Haque @ Badrul Hussain, Kamrul Islam @ Sahid Hussain and Abdul Jobbar, have prayed for bail in connection with Patharkandi P.S. Case No. 229/2025 under Section 126(2)/117(2)/303(2)/324(4)/109/3(5) of BNS, 2023. 3. The gist of the allegation in the FIR dated 14.10.2025 is that the accused persons named in the FIR assaulted the informant with iron stick and also robbed some significant amount of money apart from breaking his mobile phone. It is also alleged they attacked his family members causing injuries to his father and others. 4. The learned counsel for the petitioners submits that with regard to same incident, a cross FIR was lodged from the side of the petitioners in which the informant is one of the accused and said cross FIR was registered into Patharkandi P.S. Case No. 230/2025. 5. Both the case diaries were called for but the case diary only Patharkandi P.S. Case No. 229/2025 is received. Page No.# 3/4 6. The learned Additional Public Prosecutor submits that the investigation has revealed implication against the accused with regard to allegation and lends supports till and on the basis of medical report available in the case diary, it is submitted that the incident led to grievous injuries to one victim and other injuries of simple in nature to another victim. 7. In the given facts and circumstances; considering the length of detention, they can be released on bail at this stage, subject to conditions. 8. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Patharkandi P.S. Case No. 229/2025 under Section 126(2)/117(2)/303(2)/324(4)/109/3(5) of BNS, 2023, on furnishing bail bond of Rs.30,000/- each with one suitable surety each of the like amount to the satisfaction of learned concerned court. 9. The direction for bail is further subject to the following conditions: (a) That the petitioners shall be available for the remaining trial; (b) That the petitioners shall not hamper or tamper with evidence; (c) That the petitioners shall not misuse their liberty to commit any offence or illegal activities. 10. Violation or breach of any condition(s) shall entail cancellation of bail. 11. With the above observations, this bail petition stands allowed and disposed of accordingly. Page No.# 4/4 12. Send back the case diary. JUDGE Comparing Assistant