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2025 DAILYLAW 6889 (GAU)

MD HURMUZ ALI v. THE STATE OF ASSAM

AB/260/2025 · 2025-02-24

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010021592025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/260/2025 MD HURMUZ ALI S/O LATE JADU MIA, RESIDENT OF VILLAGE MAZDIA, PO PACHIM MAZDIA PS SARTHEBARI, DIST BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 25.02.2025 Heard Mr. N J Dutta, learned counsel for the petitioner and Mr. K Baishya, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, the petitioner, namely, Md. Hurmuz Ali, has prayed for pre-arrest bail, who apprehends arrest in connection with Pathsala Police Station Case No. 121/2024. On 26.11.2024 when the informant and her family were not present in the house, thief Page No.# 2/2 entered into her house and took away two pairs of gold ear rings, two pairs of gold junuka, one gold necklace and cash amount of 15,000/-. In this case, Police arrested one person named Rejak Ali. The Case Diary reveals that Police is searching for some other persons but there is no specific allegation against the present petitioner. Mr. Dutta has submitted that the aforesaid Rejak Ali came to the petitioner to sell the gold ornaments but this petitioner refused to buy those ornaments. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that under the given circumstances, the petitioner does not deserve to be detained in custody. Therefore, the prayer for pre-arrest bail is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner, namely, Md. Hurmuz Ali, who apprehends arrest in connection with Pathsala Police Station Case No. 121/2024, shall be released on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer within 10 (ten) days from today. Bail application is disposed of. JUDGE Comparing Assistant