Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 26717 (GAU)

MOINUL HAQUE AND AND ANR v. THE STATE OF ASSAM

Bail Appln./3591/2025 · 2025-11-06

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010245842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3591/2025 MOINUL HAQUE AND AND ANR S/O SAD UDDIN VILLAGE- MAHAKAL PART-V, PSBADARPUR, DIST- SRIBHUMI, ASSAM.. 2: LAL UDDIN SON OF SAD UDDIN VILL- MAHAKAL PART-V P.S. BADARPUR DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 07.11.2025 Heard the learned counsel for the petitioners and the learned Addl. P.P., Assam. 2. This is an application under Section 483 of the BNSS, 2023 for grant of bail to the petitioners, namely, Moinul Haque and Lal Uddin, in connection with Sessions Case No. 216/2023, arising out of Badarpur PS Case No. 279/2019 under Sections 457/376/387/406/307/511 of the IPC. Page No.# 2/2 3. It is submitted that the petitioners were arrested on the basis of a NBWA issued by the learned Trial Court due to their absence at the time of the Trial and after the charge was framed against the petitioners under Section 376 of the IPC, they had initially appeared, but on subsequent dates, they could not appear due to lack of information from the engaged counsel because of which NBWA was issued again them. 4. The petitioners had sought relief before the learned Trial Court and thereafter before this Court by way of a criminal revision petition, but before the same could be disposed of, they were arrested on the strength of the NBWA issued by the learned Trial Court. Thereafter, the petitioners have spent 45 days behind the bars. 5. It is further submitted that henceforth the petitioner shall regularly participate in the trial and prays for enlarging them on bail. 6. Having regard to the facts and circumstances of the case, the prayer for bail is allowed. 7. Accordingly, the accused petitioners, named above, in connection with the aforesaid case shall be released on bail of Rs.50,000/- each, with two sureties of like amount each to the satisfaction of the learned Eleka Magistrate. 8. It is further directed that the accused petitioners shall appear before the learned Trial Court regularly and shall cooperate with the investigation. 9. The bail petition stands disposed of. JUDGE Comparing Assistant