Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 5881 (GAU)

TAYEBUR RAHMAN @ TAYEB ALI 4 ORS. v. THE STATE OF ASSAM

AB/116/2025 · 2025-02-10

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010009292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./139/2025 AMIR ALI @ AMIRUDDIN S/O SAIFUL SEIKH R/O VILL- PACHIM PADUKHAT P.S. DHULA, DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M AHMED, S W HUSSAIN,A. K. KANU Advocate for the Respondent : PP, ASSAM, M DEVI (INFORMANT),MR P J PATAR(INFORMANT),MR. K SINGHA(INFORMANT) Linked Case : AB/116/2025 TAYEBUR RAHMAN @ TAYEB ALI 4 ORS. S/O LATE TAFIL SHEIKH R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM 2: MUAZZAM ANSOR @ MAJAM ALI S/O TAYEBUR RAHMAN R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM 3: MAFIJUR RAHMAN @ MAFIJ ALI S/O TAYEBUR RAHMAN R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM Page No.# 2/3 4: AZIZUL @ AIJAL S/O LATE SAMTULLA R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM 5: MAZEDA KHATUN W/O TAYEBUR RAHMAN R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.02.2025 This is a common order for these two items. Heard Mr. M. Ahmed, learned counsel appearing for the petitioner and Mr. D. P. Goswami, learned Addl. Public Prosecutor appearing for the State respondent as well as Mr. K. Sinha, learned counsel for the informant. Both these applications have been filed under Sections 483 and 482 of the BNSS for pre-arrest bail as well as regular bail in connection with Dhula P.S. Case No. 195/2024 under Sections 126(2)/109/ 117(2)/118(2) of the BNS. It is alleged in the FIR that on 13.12.2024 at about 4 PM, the petitioner attacked the informant and his family members with sharp weapon causing serious injury. Page No.# 3/3 The medical report available in the case diary shows that the injured person sustained grievous injuries. The case diary, on the other hand, shows that the petitioner, Tayebur Rahman @ Tayeb Ali, who was earlier granted interim bail, has already appeared before the Investigating Officer and co-operated in police investigation. Mr. Sinha submits that the petitioner, Tayebur Rahman @ Tayeb Ali has instigated the other petitioners to commit the same offence. I have considered the submissions made by both sides. Since the petitioner, Tayebur Rahman @ Tayeb Ali, has been co-operating with the Investigating Officer, he deserves to be released on bail. Accordingly, the interim pre-arrest bail granted to him, vide order, dated 23.01.2025 is hereby made absolute. However, in respect of the other petitioners, the case diary reveals sufficient incriminating materials against them. Therefore, their prayer for pre-arrest bail as well as for regular bail is rejected. Case diary shall be returned. Accordingly, both the applications are disposed of. JUDGE Comparing Assistant