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2025 DAILYLAW 27065 (GAU)

SAHIDUR RAHMAN SAIKIA AND 3 ORS. v. THE STATE OF ASSAM

AB/2535/2025 · 2025-12-10

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010230072025 2025:GAU-AS:17180 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2535/2025 SAHIDUR RAHMAN SAIKIA AND 3 ORS. S/O- ASHRAF ALI SAIKIA R/O VILL- DAMPUR MOLLASUPA,P.S. HAJO DIST. KAMRUP, ASSAM PIN-781102 2: ASHRAF ALI SAIKIA S/O- LT. NOUSHAD ALI R/O VILL- DAMPUR MOLLASUPA P.S. HAJO DIST. KAMRUP ASSAM PIN-781102 3: MANUARA SAIKIA W/O-ASHRAF ALI SAIKIA R/O VILL- DAMPUR MOLLASUPA P.S. HAJO DIST. KAMRUP ASSAM PIN-781102 4: SAJIDA SAIKIA D/O- ASHRAF ALI SAIKIA R/O VILL- DAMPUR MOLLASUPA P.S. HAJO DIST. KAMRUP ASSAM PIN-78110 Page No.# 2/3 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P K DAS, MR. M ALOM,MR. M BARUAH Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 11.12.2025 Heard Mr. M. Baruah, the learned counsel appearing for the petitioners. I have also heard Mr. R.J. Baruah, the learned Addl. Public Prosecutor, Assam. 2. Invoking Section 482 of the BNSS, 2023, the petitioners herein, namely- (1) Sahidur Rahman Saikia, (2) Ashraf Ali Saikia, (3) Manuara Saikia and (4) Sajida Saikia are seeking pre-arrest bail in connection with Hajo P.S. Case No.412/2025, registered under Sections 3(5)/85 of BNS, 2023. 3. The Petitioner No.1 stated to be the husband of the informant and the other petitioners are his family members. The allegation in the FIR dated 29.09.2025 is about commission of cruelty, harassment and demand of money. It is also alleged that due to inability to fulfill demands, the accused persons assaulted the informant and drove her out of the matrimonial house along with her daughter and son. 4. Received the Case Diary, as has been called for. Perused the relevant contents thereof. Page No.# 3/3 5. The Addl. P.P., Assam has fairly submitted that pursuant to notice under Section 35(3) of the BNSS, 2023, the petitioners appeared before the investigating officer and recorded their statements. 6. The present petitioners are granted interim bail vide order dated 28.10.2025. 7. In view of the co-operation rendered by the present petitioners – I deem it proper to allow this bail application. Accordingly, interim bail granted on 28.10.2025 in favour of the above named petitioners is made absolute subject to the condition that – (1) the petitioners shall not hamper or tamper with evidence; (2) the petitioners shall not threat the informant or her children and (3) the petitioners shall not try to influence any witnesses. 8. The petitioners may strive for matrimonial reconciliation. With the above direction, the present application for bail is disposed of. Send back the Case Diary. JUDGE Comparing Assistant