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2025 DAILYLAW 6437 (GAU)

SHAYED ALI SHEIKH v. THE STATE OF ASSAM

AB/165/2025 · 2025-02-11

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010015762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./212/2025 TOSER ALI S/O-MOHUR ALI, R/O. VILLAGE-THURIBARI, P. S- BASUGAON DISTRICT- CHIRANG, BTR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD. I HUSSAIN, Advocate for the Respondent : PP, ASSAM, Linked Case : AB/165/2025 SHAYED ALI SHEIKH S/O-HAJARAT ALI R/O VILL-SILAPAT P. O. -RANCHAIDHAM P. S- BASUGAON DISTRICT-CHIRANG BTR ASSAM VERSUS THE STATE OF ASSAM Page No.# 2/3 REP BY THE PP ASSAM ------------ Advocate for : MD. I HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.02.2025 Since both the bail applications arise out of the same FIR, both the bail applications are taken up together for disposal by this common order. 2. Heard Md. I Hussain, the learned counsel appearing for the petitioners. Also heard Mr.R.R. Kaushik, the learned Additional Public Prosecutor for the state of Assam. 3. Both these applications are filed under Sections 482 & 483 of the BNSS, 2023 seeking pre-arrest bail as well as regular bail in respect of Basugaon P.S. Case No. 02/2025. 4. On the day of occurrence there was a fight between some persons and the petitioner Toser Ali which allegedly caused grievous injury to a person. 5. The CD contains some materials against the present petitioner Toser Ali. Therefore, his Bail Application No. 212/2025 is rejected. 6. However, there are no materials against the petitioner Shayed Ali Sheikh. Therefore, he does not deserve to be detained in custody. His Anticipatory Bail Application No. 165/2025 is allowed. 7. It is hereby directed that the petitioner, Shayed Ali Sheikh, who was arrested in connection with Basugaon P.S. Case No. 02/2025, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the arresting authority. 8. The petitioner, Shayed Ali Sheikh is directed to co-operate with the Investigating Officer as and when called for. Page No.# 3/3 With the aforesaid direction, both the bail applications are disposed of. The CD (s) shall be returned. JUDGE Comparing Assistant