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2025 DAILYLAW 27062 (GAU)

ZAKIR HUSSAIN AND ANR v. THE STATE OF ASSAM

AB/2818/2025 · 2025-11-30

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010264712025 2025:GAU-AS:16390 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2818/2025 ZAKIR HUSSAIN AND ANR S/O LATE SOMED ALI (MISTRI)VILL- JHARNARCHAR PART-V,P.S. FAKIRGANJDIST. DHUBRI, ASSAM 2: KOHINUR KHATUN W/O LATE AMIR HUSSAIN D/O LATE SOMED ALI (MISTRI) VILL- LAKHIPUR DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA,MD. MEMON AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 01.12.2025 Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioners, namely, Zakir Hussain and Kohinur Khatun, have prayed for granting pre-arrest bail, apprehending arrest in connection with Fakirganj P.S. Case No.89/2009, registered under Section 302/34 IPC corresponding to PRC Case No. 688/2025, which after completion of investigation resulted in a charge-sheet against the petitioners herein under section 302/34 IPC and stated to be pending before the learned CJM, Dhubri at the stage of appearance and the petitioners have been summoned. 3. The allegation in the FIR dated 20.05.2008 was that the informant's daughter was married to petitioner no.1 was assaulted by him along with the accused Nos.2 and 3 being sister-in-law and mother-in-law leading to her death. The accused No.2 herein stated to be the sister-in-law. The accused No.3 mother-in-law has stated to have expired already. 4. Copies of the relevant documents have been annexed here with. 5. The learned Addl. P.P. who fairly submits that perhaps the considering the long pending case, the petitioners can be directed to appear. Upon considering the matter, I also deem it fit and necessary to dispose of the petition at this stage itself. Page No.# 3/3 6. Accordingly, it is directed that in the event of their arrest in connection with this case, the petitioners named above shall be released on bail, in connection with the above case, on furnishing bail bond of Rs. 30,000/- each with one surety of like amount each to the satisfaction of the arresting authority, subject, of course, to the following conditions:- (i) That the accused persons shall co-operate with the trial and appear before the learned Court below, (ii) That the accused persons shall not hamper or tamper with evidence. (iii) That the accused persons shall not in any manner intimidate harass or harm the informant, witnesses and their family members. 7. In case of violation of any bail conditions, bail will be liable to be cancelled. 8. Accordingly, this anticipatory bail application stands allowed and disposed of. 9. Send back the case diary. JUDGE Comparing Assistant