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2025 DAILYLAW 26166 (GAU)

AKBAR KHAN v. THE STATE OF ASSAM

AB/1955/2025 · 2025-10-28

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010181312025 2025:GAU-AS:14523 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1955/2025 AKBAR KHAN S/O LATE DORIA KHAN R/O HAHCHARA BORALIGAON, P.S. SAMAGURI DIST. NAGAON, ASSAM PRESENT ADDRESS- HOUSE NO. 15, LNB ROAD, NEAR AGP OFFICE, P.S. LATASIL DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MR. R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 29.10.2025 Heard Mr. I.U. Choudhury, learned counsel for the petitioner and Ms. N. Das, learned Addl. PP for the State. By this application the petitioner has prayed for pre arrest bail in connection with Latasil P.S Case No. 75 of 2025 under Section 61(2) (A)/336(3)/340(2) of the BNS, read with Section 3(3), the Passport Entry into India Act, 1946 read with Section 13(1)14C of Foreigner Act, 1946 read with Section 12(a) of the Assam Money Lenders (Amendment) Act, 2022. The F.I.R dated 31.07.2025 lodged by the Chief Deputy Editor, Dainik Agradoot, reveals that some Afghan citizens who came to Guwahati, are involved in business of lending money with interest at various places without having any valid documents, and it was also stated that they are doing business with fake documents and it is also stated that 3 Afghans nationals while travelling from Guwahati to Dubai with fake passport were detained and was kept in the detention camp. Mr. I.U. Choudhury, learned counsel for the petitioner submits that the petitioner is a citizen of India by birth and he has annexed the birth certificate of the petitioner. He also states that the petitioner is not named in the F.I.R as the accused. It is further seen that the petitioner has been enlarged on interim pre arrest bail vide order dated 22.08.2025 with the condition that he should appear before the investigation officer and in Page No.# 3/3 pursuance to the said order, the petitioner has appeared before the I.O on 01.09.2025 and his statement was recorded. It is as such noticed that the petitioner is cooperating with the investigation and in view of the same, this Court deems it fit that the order dated 22.08.2025 by which interim pre arrest bail was granted to the petitioner be made absolute with the further direction that he may comply with the conditions. Petition is disposed of. JUDGE Comparing Assistant