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2025 DAILYLAW 28110 (GAU)

NIJAM ALI AND ANR v. THE STATE OF ASSAM

Bail Appln./3386/2025 · 2025-11-02

Sanjeev Kumar Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010230172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3386/2025 NIJAM ALI AND ANR SON OF LATE JAMSHED ALI, R/O. AGYATHURI, GUWAHATI, HAJO ROAD, P.O.- DADARA, P.S. NORTH GUWAHATI, PIN- 781031 2: SAIDUL ISLAM SON OF SAYEED ALI R/O. AGYATHURI GUWAHATI HAJO ROAD P.O.- DADARA P.S. NORTH GUWAHATI PIN-78103 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : SIRAJ CHOUDHURY, PANKAJ DAS,MR. SANU HUSSAIN,MR P R SARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 03.11.2025 Heard the learned counsel for the petitioner. Also heard the learned Page No.# 2/2 Additional Public Prosecutor. 2. This bail application has been preferred by the petitioners namely, Nijam Ali and Saidul Islam under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with North-Ghy P.S Case No.76/2025 under Section 103(2) of BNS, 2023. 3. The brief facts of the case as per the FIR is that on 22.08.2025 one unknown person suspected to be a thief had been detained at Lachitpur, Amingaon, who was tied with ropes, beaten and badly injured. Although he was shifted to hospital, he succumbed to his injuries. Subsequently, police arrested 4 persons and one CCL. 4. It is the submission of the learned counsel for the petitioners that the present accused persons did not participate in assaulting the deceased and that on hearing commotion they had gone to see the occurrence. 4. Upon perusal of the Case Diary, it appears that witnesses have clearly implicated the present petitioners. 5. Having regard to the gravity of the offence and the incriminating materials available against the petitioners, the prayer for bail stands rejected at this stage. 6. Send back the CD. JUDGE Comparing Assistant