Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010182582025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1965/2025 HABIBUR RAHMAN AND 3 ORS S/O LATE SULTAN ALI, VILL. HATIMURIA, P.S. MOIRABARI, DIST.
MORIGAON (ASSAM), PIN 782126 2: FAKHAR UDDIN S/O LATE SULTAN ALI VILL. HATIMURIA P.S. MOIRABARI DIST. MORIGAON ASSAM PIN 782126 3: HAMIDUL ROSHID S/O LATE MOZIBUR RAHMAN VILL. HATIMURIA P.S. MOIRABARI DIST. MORIGAON ASSAM PIN 782126 4: FORIDA BEGUM W/O HABIBUR RAHMAN VILL .HATIMURIA P.S.MOIRABARI DIST. MORIGAON ASSAM PIN 78212 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.
Page No.# 2/3 Advocate for the Petitioner : MR. M K HUSSAIN, MS. F H AHMED,MR. M ALOM,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 01-12-2025
Heard Mr. M. K. Hussain, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (i) Habibur Rahman (ii) Fakhar Uddin (iii) Hamidul Roshid (iv) Forida Begum, have prayed for granting pre- arrest bail, apprehending arrest in connection with Dhing P.S. Case No. 193/2025, registered under Section 74/117(2)/351(2)/3(5) of BNS, 2023. The informant is stated to be the sister of the accused No. 3 and accused person No. 4. The allegation in the ejahar dated 05.08.2025 is about the accused persons trying to grab ancestral property and in the process, the accused persons beat the informant and threatened her. The petitioners were granted interim pre-arrest bail on 18.08.2025. It is submitted by the learned counsel for the petitioner that pursuant thereof, they appeared before the IO and their statements have been recorded. The prosecution submits that in the meantime, upon completion of investigation the case has been charge-sheeted. In the given facts and circumstances, the interim bail granted vide order dated 18.08.2025 is hereby made absolute with the following conditions:
Page No.# 3/3 (i) That the accused persons shall be available for the trial. (ii) That the accused persons shall not hamper or tamper with evidence. (iii) They shall cooperate with the remaining investigation as and when required. Violation of bail conditions will entail cancellation of the bail. Accordingly, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant