Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:15565
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2719/2025 AZZUL ISLAM @ AZIZUL HOQUE S/O LATE AYNAL HOQUE R/O VILL- BANGALIPARA PART-I, P.O. AND P.S. BILASIPARA DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M Z SHAH, MD P RAHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.11.2025
1. Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.
2. This application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.03/2024, arising out of Bilasipara P.S. Case No.391/2022, pending in the Court of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara.
3. The petitioner Azzul Islam @ Azizul Hoque has been shown as an absconder in the Charge-Sheet and a bailable warrant of arrest has been issued against him.
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4. The petitioner apprehends that if he appears before the Court of the Judicial Magistrate, he will be remanded to custody since, this Court lacks jurisdiction to entertain his bail application.
5. The bail application of the petitioner is opposed by the learned Additional Public Prosecutor on the ground that the allegations brought against the petitioner are of serious in nature and that the petitioner, along with some others have allegedly killed another person.
6. I have considered the submissions made by learned counsel for both sides.
7. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given one opportunity for that purpose.
8. Therefore, the bail application of the petitioner is allowed.
9. It is hereby directed that the petitioner, Azzul Islam @ Azizul Hoque shall appear before the Court of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara on 25.11.2025 and on his appearance, the petitioner, Azzul Islam @ Azizul Hoque shall be released on bail of Rs.50,000/- with a surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara.
10. With the aforesaid direction, this anticipatory bail application of the petitioner stands disposed of.
JUDGE Comparing Assistant