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2025 DAILYLAW 6766 (GAU)

AMIRUL ISLAM v. THE STATE OF ASSAM

AB/240/2025 · 2025-04-07

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010020892025 2025:GAU-AS:4356 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/240/2025 AMIRUL ISLAM S/O- AJIMUDDIN AHMED VILLAGE- NADIRKASH P.O.- LALPOOL P.S.- DALGAON DIST.- DARRANG(ASSAM) VERSUS THE STATE OF ASSAM TO BE REP.BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S. ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 08.04.2025 1. Heard Mr. M.A.I. Hussain, learned counsel for the petitioner Amirul Islam who has filed this applicaiotn under Section 482 of the BNSS praying for pre- arrest bail, apprehending arrest in connection with Tezpur P.S. Case No. 44/2025 under Section 319(2) of BNS, 2023 r/w Section 10(2) of Assam Public Examination (Measures for Preservation of Unfair Means in Recruitment) Act, Page No.# 2/3 2024. 2. Also heard learned Additional Public Prosecutor Mr. K.K.Das for the respondent State . 3. It is submitted by the learned counsel for the petitioner that as per the FIR, one Sajid Ali with fake identity appeared in TET examination at Government Girl’s HS & MP School, Tezpur. It is also submitted that the petitioner is no way involved in the alleged offence and his name is not mentioned in the FIR. But he received a notice under Section 35(3) of BNSS directing him to appear before the investigating officer for interrogation as such, he is apprehending arrest. 4. I have scrutinized the Case Diary. 5. Scrutiny of Case Diary reveals that the petitioner has appeared before the I.O. and his statement has been recorded. He has not violated any bail condition. 6. Petitioner is willing to co-operate with the remaining part of investigation. 7. Considering all the aspects, the interim pre-arrest bail granted to the petitioner on 07.02.2025 is hereby made absolute under the same terms and conditions. 8. Send back the Case Dairy. JUDGE Page No.# 3/3 Comparing Assistant