BABUR UDDIN BARBHUIYA @ BABUL UDDIN BARBHUIYA AND 3 ORS. v. STATE OF ASSAM
Bail Appln./3354/2025 · 2025-10-29
Sanjeev Kumar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26222 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26222 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010230262025
2025:GAU-AS:14588
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3354/2025 BABUR UDDIN BARBHUIYA @ BABUL UDDIN BARBHUIYA AND 3 ORS. SON OF LATE SHEKH MAHAMMAD, RESIDENTS OF LAILAPUR, P.O.
BHAGA BAZAR, DISTRICT- CACHAR, ASSAM. PIN-788120 2: ANOWARA BEGUM WIFE OF BABUR UDDIN BARBHUIYA RESIDENTS OF LAILAPUR P.O. BHAGA BAZAR DISTRICT- CACHAR ASSAM. PIN-788120 3: SABIYA BEGUM LASKAR @ SABIYA BEGUM WIFE OF SAKIR HUSSAIN LASKAR RESIDENT OF BANGRAM P.O. BHAGA BAZAR DISTRICT- CACHAR ASSAM. PIN-788120 4: SADDIK AHMED BARBHUIYA SON OF BABUR UDDIN BARBHUIYA RESIDENT OF LAILAPUR P.O. BHAGA BAZAR DISTRICT- CACHAR ASSAM. PIN-78812 VERSUS STATE OF ASSAM REPRESENTED BY LEARNED PP, ASSAM. Advocate for the Petitioner : MR. M DUTTA,
Page No.# 2/3 Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 30.10.2025 Heard Mr. M. Dutta, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for granting of bail to the accused/applicant, namely, 1. Babur Uddin Barbhuiya alias Babul Uddin Barbhuiya 2. Anowara Begum 3. Sabiya Begum Laskar alias Sabiya Begum and 4. Saddik Ahmed Barbhuiya in connection with Dholai P.S. Case No. 111/2025 under Section 61(2)/103(1) of the Bharatiya Nyaya Sanhita, 2023. 3. CD and Postmortem report has been received but the final cause of death has been kept pending. 4. The allegations as stated in the FIR is that on 21/08/2025, one Nagib Hussain Barbhuiya lodged an FIR at about 2:30 P.M. before the Officer-in- Charge, Dholai Police Station, alleging inter alia that accused No. 1, namely Smti. Rina Begum Barbhuiya (wife of the deceased Imran Hussain), and accused No. 2, Basiruzzaman Laskar (driver of the deceased), were involved in an illicit relationship and had conspired to kill the deceased by administering poison. It was also alleged that the said accused persons misappropriated an amount of Rs. 20,00,000/- from the deceased's house. Based on the said FIR, Dholai P.S.
Page No.# 3/3 Case No. 111/2025 was registered under Sections 61(2)/103(1) of the Bharatiya Nyaya Sanhita, 2023. 5. On perusal of the FIR, it appears that there is no allegation against the present petitioners who are the father-in-law, mother-in-law, sister-in-law and the brother-in-law of the deceased. 6.
A perusal of the CD also does not indicate any specific material against the present petitioners who have already spent 70 days behind bars. 7. Having regard to the above, prayer for bail is allowed. 8. The petitioners shall be released on bail of Rs. 20,000/- with one surety of like amount each to the satisfaction of the Eleka Magistrate in connection with the aforesaid case. 9. The petition stands allowed and accordingly disposed of. JUDGE Comparing Assistant