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2025 DAILYLAW 26471 (GAU)

ABDUL MATLEB ALIAS MOTLEB ALI AND ANR v. THE STATE OF ASSAM

AB/2915/2025 · 2025-12-16

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010274052025 2025:GAU-AS:17570 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2915/2025 ABDUL MATLEB ALIAS MOTLEB ALI AND ANR S/O SADER ALI R/O VILL- JAMLAI, P.S. NAGARBERA DIST. KAMRUP, ASSAM 2: ABU KALAM S/O SADER ALI R/O VILL- JAMLAI P.S. NAGARBERA DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A ALI, MR M HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 17.12.2025 1. Heard Mr. A.Ali, learned counsel appearing for the accused petitioners Page No.# 2/3 as well as Mr. K. Baishya, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, Abdul Matleb @ Motleb Ali and Abu Kalam, has prayed for granting pre-arrest bail, apprehending arrest in connection with Nagarbera P.S. Case No. 74/2025, registered under Section 118(2)/296/304/324(2)/61(2)/191(2)/191(3)/351(2) of BNS, 2023. 3. The learned counsel for the petitioner submits that there was marpit with another group of persons and the petitioners herein also sustained serious injuries and it is submitted that the persons who had assaulted the members of the petitioners’ families have been granted anticipatory bail by the learned Addl. Sessions Judge, Kamrup (M). 4. Mr. K. Baishya, learned Additional Public Prosecutor submits that in the meantime, investigation has completed resulting in a charge-sheet vide CS No. 77/2025 dated 15.12.2025. 5. In view of completion of investigation despite seriousness of the allegation, granting of anticipatory bail to the petitioners at this stage may not prejudice prosecution. 6. In such view of the matter, it is provided that in the event of arrest of the petitioners, named above, in connection with above mentioned case, they shall be released on furnishing bail bond of Rs.30,000/- each with a suitable surety each of the like amount, to the satisfaction of the arresting authority. Page No.# 3/3 The direction for pre-arrest bail is subject to the conditions that the petitioners: (a) Shall available for trial if one commences; (b) Shall not hamper or tamper with the evidence of the case. (c) Shall not misuse their liberty to commit any illegal activities or offences. 7. Violation of any of the bail condition shall entail cancellation of bail. 8. Accordingly, this anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant