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Page No.# 1/3 GAHC010020962025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/218/2025 NUR KHATUN NESSA AND 3 ORS. W/O - KHALILUR RAHMAN LASKAR R/O - VILL PUB SAMARALI, P.O. AND P.S. MURAJHAR, DIST - HOJAI (ASSAM) 2: AMINA KHATUN W/O LT. RAFIK ALI R/O BHELOGURI
P.O. MADERTOL P.S. DOBOKA
DIST. HOJAI ASSAM 3: AFIYA KHATUN W/O JAMIR ALI R/O VILL- BHELOGURI P.O. MADERTOLI P.S. DOBOKA DIST. HOJAI ASSAM 4: OLIUR RAHMAN LASKAR @ ALIAUR RAHMAN S/O KHALILUR RAHMAN LASKAR R/O VILL- PUB SAMARALI P.O.CHOWDHURY BAZAR
P.S. MURAJHAR
DIST. HOJAI ASSA VERSUS
Page No.# 2/3 THE STATE OF ASSAM TO BE REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR S A BARBHUYAN, A BORBHUYAN,TAWHID LASKAR Advocate for the Respondent : PP, ASSAM, A M AHMED (FOR INFORMANT),MR. J ABBAS (FOR INFORMANT)
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 03.03.2025
Heard Mr. T Laskar, learned counsel for the petitioners. Also heard Mr. R R Kaushik, learned Additional Public Prosecutor, Assam and Mr. J Abbas, learned counsel for the informant. This is an application filed under Section 482 of the BNSS, 2023 whereby the petitioners, namely, (1) Nur Khatun Nessa; (2) Amina Khatun; (3) Afiya Khatun; and (4) Oliur Rahman Laskar @ Aliaur Rahman have prayed for pre-arrest bail in connection with Murajhar P.S. Case No. 218/2024. On 22.11.2024, an FIR was lodged by one Asad Uddin alleging therein that on the previous night the present petitioners along with some persons had illegally entered into his land and constructed a thatched house. In the morning, when the informant went to his land then he attacked by petitioners and their associates. All the family members and relatives of the informant sustained grievous injuries on various parts of their body. Thereafter, on 23.11.2024, the petitioner Nur Khatun Nessa had lodged an FIR before Police alleging that on 21.11.2021, at about 1 PM, the aforementioned informant Asad Uddin and his family members had attacked them in their house causing serious injuries by sharp weapons. The two sons of Nur Khatun Nessa came at that time and rescued Nur Khatun Nessa and others. The learned Additional Public Prosecutor has submitted that one person had sustained serious injuries in the present case. Mr.
Abbas, learned counsel appearing for the informant, objecting to the bail prayer of the
Page No.# 3/3 petitioners, has already filed an objection petition. I have considered the submissions made by the learned counsel for both the sides. From record, it appears that the petitioners Nur Khatun Nessa, Amina Khatun and Afiya Khatun have already appeared before the Investigating Officer and recorded their statements pursuant to the interim order granted in their favour by this court on 05.02.2025. Since Nur Khatun Nessa, Amina Khatun and Afiya Khatun have appeared before the Investigating Officer and have been cooperating in the investigation, this court is of the opinion that they do not deserve to be detained in custody. Hence, the interim order dated 05.02.2025 granted in their favour by this court is made absolute. However, the prayer for pre-arrest bail made in favour of the another petitioner Oliur Rahman Laskar @ Aliaur Rahman is rejected as there are sufficient incriminating materials against him in the Case Diary. With the above, the bail application is disposed of. Case Diary shall be returned. JUDGE Comparing Assistant