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2025 DAILYLAW 26351 (GAU)

ASHIKUR RAHMAN v. THE STATE OF ASSAM

AB/2481/2025 · 2025-11-23

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010226442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2481/2025 ASHIKUR RAHMAN S/O LATE IBRAHIM ALI, R/O KADOMONI PATHER UNDER JURIA POLICE STATION, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, U SARMA,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 24 .11. 2025 Heard Mr. B.M. Choudhury, learned Senior Counsel, assisted by Ms. U. Sharma, learned counsel for the petitioner and Mr. D.P. Goswami, learned Addl. Public Prosecutor, Assam for the State respondent. This is an application under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail by the petitioner namely, Ashikur Rahman, apprehending arrest in connection with Juria P.S. Case No. Page No.# 2/3 202/2025 under Sections 103(1)/351(2)/3(5) of BNS, 2023. The allegation as contained in the FIR is that on 23.07.2025, the husband of the informant was assaulted by a group of persons including the petitioner and subsequently her husband died two days later. It is submitted by the learned Senior Counsel for the petitioner that the petitioner side has also lodged an FIR on the next day of the occurrence against the informant side making similar nature of allegation. Case diary is received and perused. On perusal of the case diary, it is submitted by the learned Addl. P.P. that there appears to have been a quarrel between the two sides as a result of which both sides sustained injuries. Going through the injury report, the injuries indicated therein i.e. abrations do not prima facie appears to be sufficient to cause death. On the other hand, police has submitted charge sheet in the case against the informant side i.e. Juria P.S. Case No. 201/2025. Having regard to the above, prayer for pre-arrest bail is allowed. Accordingly, the petitioner namely Ashikur Rahman in the event of his arrest is allowed to go on pre arrest bail on furnishing a bond of Rs. Rs. 50,000/- (Rupees fifty thousand only) with two sureties each of like amount to the satisfaction of the arresting authority in connection with the aforementioned case, subject to the following conditions:- (i) It is provided that the petitioner shall appear before the I.O. within 7 (Seven) days from today. (ii) It is further provided that the petitioner shall make himself available Page No.# 3/3 for interrogation by the Investigating Officer as and when required; (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any other police officer, and (iv) the petitioner shall not hamper the investigation or tamper with the evidence of the case and shall not try to intimidate any witnesses in any manner, The bail application stands allowed and disposed of. Send back the case diary. JUDGE Comparing Assistant