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2025 DAILYLAW 6637 (GAU)

AHAMAD HUSSAIN v. THE STATE OF ASSAM

AB/208/2025 · 2025-03-16

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010018552025 2025:GAU-AS:2778 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/208/2025 AHAMAD HUSSAIN S/O RAJAB ALI R/O SHIMLABARI P.S.LAKHIPUR DIST.GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 17-03-2025 Heard Mr. A. Ahmed, learned counsel for the petitioner Ahamad Hussain, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Jagiroad Police Station Case No. 249/2024 under Sections Page No.# 2/3 309(4) of Bharatiya Nyaya Sanhita, 2023. 2. The petitioner is apprehending arrest against the allegation of smuggling of 32,900 kgs areca nuts. It is submitted that vide order dated 05.02.2025, a Coordinate Bench of this Court granted interim bail to the petitioner. 3. Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 4. It is further submitted that the petitioner has appeared before the Investigating Officer and he has cooperated with the investigation. 5. I have scrutinized the Case Diary. I have also considered the submissions at the bar with circumspection. 6. Petitioner’s statement has been recorded by the Investigating Officer. The petitioner has not violated any bail conditions and has cooperated with the investigation. 7. Considering all aspects, the interim bail order dated 05.02.2025 is hereby made absolute under the conditions that :- (i) the petitioner shall refrain from such activities with which he is alleged and (ii) the petitioner shall not leave the jurisdiction of the Court without prior permission. 8. On beach of any of the bail conditions, bail order shall stand automatically stand cancelled. Page No.# 3/3 9. In terms of the above observation, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant