Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010220552025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2382/2025 JAMAL UDDIN AND 9 ORS. SON OF ABDUL LATIF , R/O VILL- GUASPUR, UNDER KARIMGANJ POLICE STATION, DIST. SRIBHUMI, ASSAM 2: HELAL UDDIN SON OF ABDUL LATIF
R/O VILL- GUASPUR UNDER KARIMGANJ POLICE STATION
DIST. SRIBHUMI ASSAM 3: KAMAL UDDIN SON OF ABDUL LATIF R/O VILL- GUASPUR UNDER KARIMGANJ POLICE STATION
DIST. SRIBHUMI ASSAM 4: ABDUL KALAM SON OF ABDUL LATIF R/O VILL- GUASPUR UNDER KARIMGANJ POLICE STATION
DIST. SRIBHUMI ASSAM 5: ANAM UDDIN S/O MACHADDAR ALI R/O VILL- GUASPUR UNDER KARIMGANJ POLICE STATION
Page No.# 2/5
DIST. SRIBHUMI ASSAM 6: ISPAKUL ISLAM SON OF JAMAL UDDIN R/O VILL- GUASPUR UNDER KARIMGANJ POLICE STATION
DIST. SRIBHUMI ASSAM 7: SAINA BEGUM W/O JAMALUDDIN R/O VILL- GUASPUR UNDER KARIMGANJ POLICE STATION
DIST. SRIBHUMI ASSAM 8: PIYARA BEGUM SON OF ABDUL JALIL R/O VILL- GUASPUR UNDER KARIMGANJ POLICE STATION
DIST. SRIBHUMI ASSAM 9: RUBI BEGUM D/O ABDUL JALIL R/O VILL- GUASPUR UNDER KARIMGANJ POLICE STATION
DIST. SRIBHUMI ASSAM 10: SHILPI BEGUM D/O LATE BILAL AHMED R/O VILL- GUASPUR UNDER KARIMGANJ POLICE STATION
DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Page No.# 3/5 Advocate for the Petitioner : MR. R DUBEY, MR. A N I HUSSAIN,MS. A B KAYASTHA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19.11.2025
1. Heard Mr. R Dubey, learned counsel for the petitioner. Also heard Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam. 2. This application under section 482 of B.N.S.S. has been filed by the petitioner namely 1) Jamal Uddin, 2) Helal Uddin, 3) Kamal Uddin, 4) Abdul Kalam, 5) Anam Uddin, 6) Ispakul Islam, 7) Saina Begum, 8) Piyara Begum, 9) Rubi Begum and 10) Shilpi Begum, who are apprehending their arrest in connection with Karimganj P.S section Case No. 348/2025 under 74/117(2)/169(2)/296/303(2)/351/329(4) of BNS. 3.
The gist of accusation in this case is that on 25.07.2025 one Sahida Begum had lodged an FIR before the Officer-in-Charge of Karimganj Watch Post under Karimganj Police Station inter ali Alleging that the accused persons named in the FIR including the present the petitioners had on 24.07.2025 at about 8:30 am threatened and abuse the informant with foul language and thereafter they entered into the house of the informant and tried to pull off the clothes of the informant and her daughter and also assaulted them. It is also alleged in the FIR that when the informant and her daughter started screaming the accused persons left the house of the informant and at the time of leaving the house they took a pair of earring and mobile phone there. The learned counsel for the petitioners has submitted that the aforesaid FIR has been lodged by the informant who is
Page No.# 4/5 the wife of one Nezam Uddin only to harass the present petitioners as prior to filing of the said FIR the petitioner No.1 had lodged an FIR against the husband of the informant namely Nezam Uddin and his family members including the informant namely Sahida Begum and on the basis of the said FIR, charge sheet was also laid against the informant and her family members. It is also submitted by learned counsel for the petitioners that during the tendency of the aforesaid case the petitioner No.1 had also approached the Addl. District Magistrate by filing an application under section 107 Cr.P.C. against the informant and her husband inter alia alleging that the informant and her family member were threatening the petitioners to withdraw the case lodged by the petitioner No.1.
He submits that in this respect on 13.03.2024 a Public Memorandum was also filed by about 182 numbers of persons against the informant and her daughter alleging that they are indulged in lodging false complaint and thereby vitiating the environment of the village. The learned counsel for the petitioners submits that in the meanwhile two of the accused persons named in the FIR lodged against the petitioners namely Abdul Jalil and Nasir Uddin have already been granted bail by the learned Cour of Chief Judicial Magistrate, Karimganj. 4. He further submits that the incident which happened prior to lodging of the FIR by the informant Sahida Begum, makes it clear that the instant FIR has been mainly filed with a view to harass the petitioners. The learned counsel for the petitioners further submits that the petitioners are ready to cooperate in the investigation. 5. Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam submits that charge-sheet has been submitted vide charge-sheet No. 341/2025 dated 30.09.2025. 6. Having regard to the nature of allegations, I am of the view that there is no such necessity of taking the petitioners into custody due to the fact that
Page No.# 5/5 charge-sheet has already been submitted. Consequently, the order of interim pre-arrest bail dated 25.09.2025 is hereby made absolute. 7. It is further provided that the petitioners shall regularly attend the trial if any. 8. Petition stands disposed of. JUDGE Comparing Assistant