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2025 DAILYLAW 25981 (GAU)

MAZNU HOQUE v. THE STATE OF ASSAM

Bail Appln./3719/2025 · 2025-12-07

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010255972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3719/2025 MAZNU HOQUE S/O NASHIRUDDIN AHMED VILL- JHAPUSABARI PT.IIP.S. AGOMONI DIST. DHUBRI, ASSAM PIN-783335 VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. M HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 08.12.2025 Heard Mr. A. Z. Ahmed, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Standing counsel, Wildlife Forest, Assam. Page No.# 2/3 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Maznu Hoque, has prayed for bail in connection with Agomoni P.S. Case No. 152/2025 under Section 61(2)/109(2)/117(2)/118(2)/304(2)/3(5) of BNS, 2023. 3. The petitioner is stated to have been detained in custody since 12.11.2025. 4. There are ten persons named in the FIR including the petitioner. The FIR dated 09.11.2025 lodged by one Nazrul Hoque with allegation that on the same day, when his three nephews were plaguing a plot of land, the FIR named accused persons attacked them including stick, bamboos and sharp weapons with intend to kill and cause assault. 5. The learned Additional Public Prosecutor submits that on the basis of the case diary that the eye witnesses have stated about involvement of all the FIR named accused persons, while some other witnesses specifically implicated the present petitioner. The medical report stated to have revealed simple injury in one case and grievous injury caused by blunt weapon in another (laceration in frontal region). In this context, the learned counsel for the petitioner stated that the said fact could make out a bailable offence. 6. I find force in the said contention and the investigation has also reasonable progressed. In the given facts and circumstances, I am of the considered view that the accused can be allowed to go on bail, subject to conditions. Page No.# 3/3 7. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Agomoni P.S. Case No. 152/2025 under Section 61(2)/109(2)/117(2)/118(2)/304(2)/3(5) of BNS, 2023, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 8. The direction for bail is subject to the following conditions that the petitioner: (a) That the petitioner shall be available during trial; if one commences; (b) That the petitioner shall not hamper or tamper with evidence; and (c) That the petitioner shall not intimidate or harass the informant or his family members. 9. Violation or breach of any condition(s) shall entail cancellation of bail. 10. With the above observations, this bail petition stands allowed and disposed of accordingly. 11. Send back the case dairy. JUDGE Comparing Assistant