Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010022522025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/238/2025 MD SHOHIDUR ROHMAN SON OF LATE ALTAP HUSSAIN, RESIDENT OF BAGHAPARA, KALAPANI UNDER MANKACHAR POLICE STATION IN THE DISTRICT OF SOUTH SALMARA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, MS B CHOUDHURY,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 17.02.2025
Heard Mr. B M Choudhury, learned counsel for the petitioner and Mr. R R Kaushik, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, 2023 the petitioner, namely, Md. Sohidur Rahman, has prayed for pre-arrest bail who apprehends arrest in connection with Mankachar P.S. Case No. 04/2025. Page No.# 2/2 The FIR has been lodged by Shahidur Islam wherein eight persons are named including the present petitioner. It is alleged in the FIR that on 14.01.2025, at about 9.30 PM, there was a meeting in the house of the deceased. The subject matter of the meeting was the wife of the deceased. Thereafter, the present petitioner and other persons, who are named in the FIR had assaulted the deceased for which he died next morning. The Case Diary reveals that the wife of the present petitioner and the wife of the deceased are sisters. The Case Diary further reveals that there was an allegation that the present petitioner was having some sort of relationship with the wife of the deceased. Further, the case diary reveals that though the present petitioner did not take part in the aforesaid incident of assault, he had instructed others to assault the deceased for which the deceased died. I have considered the submissions made by the learned counsel for both sides. In the light of the materials available in the case diary, this court is of the opinion that under the given circumstances of the case and the materials available, the present petitioner does not deserve to be detained in custody. Hence, the prayer for pre-arrest bail of the petitioner is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner, namely, Md.
Sohidur Rahman, in connection with Mankachar P.S. Case No. 04/2025, the arresting authority shall release him 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 next 10 (ten) days from today. The bail application is disposed of. Case diary shall be returned. JUDGE Comparing Assistant