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2025 DAILYLAW 25623 (GAU)

ISMAIL HUSSAIN ALIAS ISMAIL HOSSAIN AND 3 ORS v. THE STATE OF ASSAM

AB/2416/2025 · 2025-11-30

Anjan Moni Kalita

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Judgment text

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Page No.# 1/3 GAHC010222832025 2025:GAU-AS:16423 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2416/2025 ISMAIL HUSSAIN ALIAS ISMAIL HOSSAIN AND 3 ORS S/O- ABDUL KALAM @ ABUL KALAM, R/O- VILL.- BALADOBA, P.O. AND P.S. SOUTH SALMARA, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783127. 2: BABUL HUSSAIN ALIAS BABUL HOSSAIN S/O- ABDUL KALAM @ ABUL KALAM R/O- VILL.- BALADOBA P.O. AND P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN- 783127. 3: ABDUL KALAM ALIAS ABUL KALAM S/O- LATE ROSHON ALOM R/O- VILL.- BALADOBA P.O. AND P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN- 783127. 4: MRS BAKFUL BIBI ALIAS BAGFUL W/O- ABDUL KALAM ALIAS ABUL KALAM R/O- VILL.- BALADOBA P.O. AND P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN- 783127 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 01.12.2025 Heard Mr. M.R. Khandakar, learned counsel appearing for the accused- applicants. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of BNSS, 2023 has been filed by the accused-applicants, namely, 1. Ismail Hussain @ Ismail Hossain, 2. Babul Hussain @ Babul Hossain, 3. Abdul Kalam @ Abul Kalam and 4. Mrs. Bakful Bibi @ Bagful, seeking pre-arrest bail in connection with South Salmara P.S Case No. 102/2025 (Corresponding to GR No.266/25) registered under Sections 297/132/121(1)/303(2)/351(2) of BNS, R/W Section 135 of Electricity Act, 2003. 3. The allegation in the FIR dated 19.08.2025, lodged by one Narayan Das is that during disconnection drive at the stated place on behalf of the electricity authority, some persons named in the FIR misbehaved with the staff and tried to physically assault them and also stole some materials. 4. Vide an order dated 13.10.2025, a Coordinate Bench of this Court has already granted interim bail to the accused-applicants and the accused- applicants have already appeared before the I.O. and got their statements recorded. 5. The learned counsel for the accused-applicants further submits that the Page No.# 3/3 accused-applicants shall in future cooperate with the investigation in the matter. 6. Taking into account the aforesaid facts and circumstances, this Court is of the view that the interim bail so granted, vide an order dated 13.10.2025, is made absolute with the same terms and conditions. 7. Accordingly, the instant Anticipatory Bail application is disposed of. JUDGE Comparing Assistant