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2025 DAILYLAW 6915 (GAU)

JAKIR HUSSAIN LASKAR AND 2 ORS v. THE STATE OF ASSAM

AB/246/2025 · 2025-02-23

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010021822025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/246/2025 JAKIR HUSSAIN LASKAR AND 2 ORS S/O LATE SUNAHAR ALI LASKAR VILL-BISHNUGAR,P.S. AND DIST. HALAKANDI, ASSAM 2: BIR BAHADUR RABIDAS S/O BISHNURAM RABIDAS VILL-MOHANPUR GRANT P.S. ALGAPUR DIST. HAILAKANDI ASSAM 3: BIRAJ DAS S/O BABUL CH.DAS VILL-NARAINPUR PART-IV P.S. PANCHGRAM DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.02.2025 Heard Mr.A.M. Barbhuiya, the learned counsel appearing for the petitioner as well as Mr. K. Baishya, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of Algapur PS Case No. 178/2023 (GR Case No.1284/2023). 3. The Vice President of Mohanpur Burniebreas Gaon Panchayat has alleged that she had executed some contracts in the said Gaon Panchayat and the present petitioners being the Secretary, representative of the President and the Assistant Engineer of the said Gaon Panchayat have failed to pay her money. She alleged that these petitioners have misappropriated the money which was to be paid to her. 4. I have considered the submissions made by the learned counsel of both sides. 5. This Court is of the opinion that under the given circumstances of the case, the petitioners do not deserve to be detained in custody. Therefore, their bail application is allowed. 6. It is hereby directed that in the event of arrest in connection with Algapur PS Case No. 178/2023, the petitioners, namely, Jakir Hussain Laskar, 2. Bir Bahadur Rabidas & 3. Biraj Das shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the arresting authority. 7. All the three petitioners shall appear before Investigating Officer as and when called for. With the aforesaid direction, the bail application is disposed of. The CD shall be returned. JUDGE Comparing Assistant