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2025 DAILYLAW 27617 (GAU)

ASIF AHMED v. THE STATE OF ASSAM

AB/2480/2025 · 2025-11-03

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010229292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2480/2025 ASIF AHMED SON OF BAHARUL ISLAM, R/O JAMUGURI, P.S. JURIA, DIST.NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM Advocate for the Respondent : PP, ASSAM, MR. S D ROY (INFORMANT) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 04.11.2025 Heard the learned counsel for the petitioner and the learned Addl. PP, Assam. This is an application under Section 482 of BNSS for granting pre-arrest bail to the petitioner, namely, Asif Ahmed, in connection with Juria P.S. Case No. 244/2025 under Sections 103(1)/189(2) BNS. Page No.# 2/3 The allegation is that the main accused of the case, namely, Baharul Islam, who is the brother of the victim, assaulted the victim with a wooden batam, causing grievous injuries, which caused the instant death of the victim. Learned Addl. PP has produced the CD. Learned counsel for the informant opposes the prayer for pre-arrest bail by submitting that the present petitioner is also involved in the assault upon the victim. A perusal of the PM report indicates that the cause of death is kept pending till receipt of the FSL report pertaining to chemical analysis of viscera. However, as far as the PM report is concerned, it appears that not a single injury was found in the body of the deceased, which wholly inconsistent with the allegation of assault with a wooden batam and deadly weapon. Furthermore, the inquest report also does not indicate injuries on the body of the deceased. Considering the above as well as the fact that the present petitioner is not an FIR named accused, the pre-arrest bail prayer is allowed. Accordingly, it is directed that in the event of arrest, the petitioner, named above, in connection with the aforesaid case, shall be released on pre-arrest bail on furnishing a bail bond of Rs.50,000/- with a surety of the like amount to the satisfaction of the Arresting Authority. It is further directed that the petitioner shall face the trial and shall appear before the learned Trial Court as and when required. Page No.# 3/3 Return the TCR. The petition stands disposed of accordingly. JUDGE Comparing Assistant