Page No.# 1/3 GAHC010021712025 2025:GAU-AS:1283 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./276/2025 ABDUR RAZZAK @ MD ABDUR REZZEK @ RAJIB S/O BOKTER ALI VILL- CHAMPUPARA GAON P.S. CHHAYGAON, DIST.KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR J HUSSAIN, MR. F A HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07-02-2025 Heard Mr. J. Hussain, learned counsel for the petitioner Abdur Razzak @ Md. Abdur Rezzak @ Rajib, who has filed this application with prayer for bail as he is behind bars since 03.12.2024 in connection with Goroimari Police Station Page No.# 2/3 Case No. 128/2024 under Section 103/126(2)/3(5) with added Section 61 (2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the respondent State. 3. The FIR unfolds that on 16.11.2024 at about 9.30 PM during the Brahmaputra Valley Academy Youth Festival held at Goroimari Town Club Field, the accused named in the FIR including the present petitioner, in a pre-planned manner and at the instance of accused Nos. 8, 9, 10, 11, 12, 14 and 15 named in the FIR, attacked Lohit Hussain with knives. The victim’s friends tried to prevent the fight and restrained the accused named in the FIR and the victim ran towards the temporary shop in bleeding condition but on the instigation of accused Nos. 8, 9, 10, 11, 12, 14 and 15 named in the FIR, the other accused Nos. 1, 2, 3, 4, 5, 6, 7 and 13 pursued him and they entered into the shop and they killed the victim Lohit Hussain. 4. I have considered the submissions at the bar with circumspection. 5. Learned Additional Public Prosecutor has categorically stated that there are incriminating materials against the petitioner in the Case Diary. I have also scrutinized the Case Diary and the statements of the witnesses under Section 164 of Code of Criminal Procedure, 1973/183 of BNSS. 6. Indeed there are incriminating materials in the Case Diary against the petitioner. Investigation is still under progress. 7. Considering the submissions at the bar and considering the gravity of the offence, petition with prayer for bail of the petitioner Abdur Razzak @ Md. Page No.# 3/3 Abdur Rezzak @ Rajib is rejected at this stage. 8. In terms of the above observation, this Bail Application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant