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2025 DAILYLAW 5553 (GAU)

NAYMUDDIN SHEIKH AND 2 ORS v. THE STATE OF ASSAM

AB/73/2025 · 2025-02-16

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010004852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/73/2025 NAYMUDDIN SHEIKH AND 2 ORS S/O LATE EKRAM ALI R/O VILL- ALOMGANJ PART-VII P.O. ALOMGANJ P.S. GAURIPUR DIST. DHUBRI, ASSAM 2: ROHIM UDDIN @ ROHIM UDDIN SK S/O NAYMUDDIN SHEIKH R/O VILL- ALOMGANJ PART-VII P.O. ALOMGANJ P.S. GAURIPUR DIST. DHUBRI ASSAM 3: SAYED ALI MOLLAH @ SAIDALI SHEIKH S/O ABDUR RASHID MOLLAH @ A. RASHID SHEIKH R/O VILL- ALOMGANJ PART-VII P.O. ALOMGANJ P.S. GAURIPUR DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A S CHOUDHURY, MR S HUSSAIN,MR A MALEK,MR. F A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.02.2025 Heard Mr. A.S. Choudhury, the learned counsel appearing for the petitioners as well as Mr. K. Baishya, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of Gauripur P.S. Case No. 240/2024. 3. One woman has alleged in the FIR that on an accusation that she was running a prostitute racket, a group of about 19 persons attacked her house. The two petitioners are also named in the FIR. The group of people allegedly took away valuable articles and a cash amount of Rs. 5 lakh from the house of the informant. The entire house was damaged only on the single accusation that the informant was running a prostitute racket in her house. 4. I have considered the submissions made by the learned counsel of both sides. 5. This Court is in agreement with Mr. Baishya that the petitioners acted as moral policemen. 6. In spite of that, this Court is of the opinion that for the aforesaid allegation, the petitioners do not deserve to be detained in custody. Therefore, their bail application is allowed. 7. It is hereby directed that in the event of arrest in connection with Gauripur P.S. Case No. 240/2024, the petitioners, 1. Naymuddin Sheikh, 2. Rohim Uddin @ Rohim Uddin Sk. & 3. Sayed Ali Mollah @ Saidali Sheikh shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the arresting authority. 8. The petitioners shall appear before Investigating Officer and co-operate with police investigation as and when called for. Page No.# 3/3 9. With the aforesaid direction, the bail application is disposed of. The CD shall be returned. JUDGE Comparing Assistant