HAMIDUR RAHMAN @ HAMIDUL RAHMAN v. THE STATE OF ASSAM
Bail Appln./3384/2025 · 2025-11-11
Sanjeev Kumar Sharma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 26429 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26429 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010228882025
2025:GAU-AS:15300
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3384/2025 HAMIDUR RAHMAN @ HAMIDUL RAHMAN S/O- MUSA ALI, RESIDENT OF VILL-BHUTPUKHURI, P.S- KHARUPETIA, DIST-DARRANG, ASSAM, PIN-784115 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : G UDDIN, P ADHIKARI,MR H I CHOUDHURY Advocate for the Respondent : PP, ASSAM,
B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 12.11.2025 Heard Mr. G Uddin, learned counsel for the petitioner. Also heard Mr. D P Goswami, learned Addl. Public Prosecutor.
Page No.# 2/3
2. This is an application under Section 483 of the BNSS, 2023 paying for granting of regular bail to the petitioner, namely; Hamidur Rahman, in connection with Garchuk P.S Case No. 260/2025, under Section 103(1)/238 BNS,
2023.
3. The allegation against the present petitioner as reflected in the grounds of arrest contained in the notice under Section 47 BNSS is that in course of investigation it was found in substance that the body of the victim was disposed of by him in a surreptitious manner in the Basistha river along with the main accused, Rafiqul Islam and others, to destroy evidence.
4. Upon perusal of the Case Diary it is submitted by the learned Addl. Public Prosecutor that the main accused, Rafiqul Islam, had confessed to killing the deceased but as far as the present petitioner is concerned, the only material against him is that he helped the main accused in disposing of the body and there is no other material to indicate that the present petitioner participated in the act committed by the main accused. In the meantime, the petitioner has spent 64 days in custody.
5. Accordingly, in view of above, the prayer for bail is allowed. He shall be released on bail of Rs. 50,000/- only with one surety of the like amount, subject to the satisfaction of CJM, Kamrup (M), Guwahati, Assam in connection with the aforesaid case.
6. It is further provided that the petitioner shall co-operate with the investigation and shall not try to influence or intimidate the witnesses in the case.
7. The bail application stands allowed and disposed of.
Page No.# 3/3
8. Send back the Case Diary.
JUDGE Comparing Assistant