Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/211/2025 MD NUR HUSSAIN SON OF LT. FAZALUR RAHMAN , VILLAGE- NO. 3 BORGHULI (1S PART), P.S. - ULUWANI, KALIABOR, PIN NO. 782T37 DISTRICT - NAGAON, (ASSAM) VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P K SARMA, MS R SAHIN,MS. B BHUYAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 21.03.2025
1. Heard learned counsel Mr. P. K. Sarma for the petitioner, Md. Nur Hussain. The petitioner has filed this application under Section 482 of the BNSS, 2023 with a prayer for pre-arrest bail as he is apprehending arrest in connection with Tezpur P.S. Case No. 748/2025 under Sections 310(2)/351 of the BNS, 2023.
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2. Heard learned Addl. Public Prosecutor Mr. D. P. Goswami for the respondent State.
3. I have considered the submissions at the bar with circumspection.
4. The allegation against the petitioner is that he has purchased Gold and other jewelleries from miscreants, who have committed Dacoity/robbery from the house of the informant.
5. It is submitted on behalf of the petitioner that the petitioner being the owner of a jewellery shop was not aware that the sellers of Gold had committed Dacoity.
6. Learned Additional Public Prosecutor has raised objection stating that the petitioner had indeed purchased Gold ornaments belonging to the informant.
7. I have also scrutinised the Case Diary.
8. The merits of this Case are not brought to the fore, as investigation has progressed substantially.
9. It appears that custodial interrogation may not be required.
10. The petitioner has pledged to co-operate with the remaining part of the investigation.
11. Considering all aspects bail application is allowed.
12. In the event of his arrest, the petitioner Md. Nur Hussain shall be released on pre-arrest bail on furnishing bail bond of Rs.30,000/- with a
Page No.# 3/3 suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i) the petitioner shall appear before the I.O. within one week from today and shall co-operate with the investigation, ii) the petitioner shall appear before the I.O. on every fortnight till completion of the investigation, iii) the petitioner refrain from such activities with which he is alleged and iv) the petitioner shall not leave the jurisdiction of the Court without prior permission.
13. On breach of any of the above conditions, the interim pre-arrest bail shall automatically stand cancelled.
14. With the aforesaid direction, the pre-arrest bail application stands
disposed of.
15. Send back the Case Diary. JUDGE Comparing Assistant