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2025 DAILYLAW 26964 (GAU)

AIZUL HOQUE @ AZIZUL HOQUE AND 2 ORS v. THE STATE OF ASSAM

Bail Appln./3932/2025 · 2025-12-18

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010268642025 2025:GAU-AS:17767 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3932/2025 AIZUL HOQUE @ AZIZUL HOQUE AND 2 ORS VILL HALDIBARI PT I, PS SAPATGRAM, DIST DHUBRI ASSAM 2: ABU BAKKAR @ ABU BAKKAR VILL. HALDIBARI PT I PS. SAPATGRAM DIST DHUBRI ASSAM 3: RAFIK ALI VILL HALDIBARI PT I PS. SAPATGRAM DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 19.12.2025 Heard Mr. S. Islam, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Addl. P.P. appearing for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the accused/petitioners, namely, Aizul Hoque @ Azizul Hoque, Abu Bakkar @ Abu Bakkar and Rafik Ali, praying for grant of bail in connection with Sapatgram P.S. Case No.66/2025, under Sections 191(3)/109/117(2)/118 of BNS, 2023. The accused/petitioners were arrested on 03.11.2025 and 12.11.2025 respectively. 3. The FIR dated 28.10.2025 was lodged by one Sur Alom with the allegation is that on 26.10.2025 in the evening, funeral prayers of one Rofikul Islam's daughter was going on in the house of Apij Uddin, whereupon, the accused persons started playing loud music in the house of one Abu Bakkar. As a result of the same, there was verbal altercation, where after, the accused persons armed with sharp weapons attacked the informant's younger brother, uncle and nephew causing severe injuries and the victims were taken to hospital and undergoing treatment in serious condition. 4. The case diary has been received. 5. The learned Addl. P.P. submits that the investigation is not yet completed and as per the medical reports, the two of the victims sustained grievous injuries caused by sharp weapons on the on the head. Two victims namely Page No.# 3/3 Akinur Islam and Habizur Rahman, another victim Burhan Hoque sustained simple injuries caused by blunt weapon. The learned Addl. P.P. objected to the grant of bail to the accused/petitioners. 6. Perused the statement of victim, Akinur Islam, in which he has implicated the accused persons. Another victim Burhan Hoque has also implicated. 7. The investigation has undoubtedly revealed implicating materials and also injuries some of which are grievous in nature. Nevertheless, I have seen that investigation has progressed. 8. In view of the same and also keeping an aspect of the length of detention – I am of the considered view that the regular bail petition can be allowed. 9. Accordingly, the accused/petitioners, named above, are hereby allowed to go on bail of Rs. 30,000/- each with one surety of like amount each to the satisfaction of the learned concerned Court and subject to the following conditions that:- (i) That the accused persons shall co-operate with the remaining investigation, (ii) That the accused persons shall not hamper or tamper with evidence, (iii) That the accused persons shall co-operate with the investigation, (iv) That the accused persons shall not misuse their liberty to commit any illegal activities’ or offences. 10. Violation of any bail conditions will entail cancellation of the bail. 11. This bail application stands allowed and disposed of. 12. Send back the case diary. JUDGE Comparing Assistant