Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7071 (GAU)

MD JIABUR RAHMAN v. THE STATE OF ASSAM

AB/264/2025 · 2025-04-03

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010034002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/264/2025 MD JIABUR RAHMAN S/O HASMAT ALI RESIDENT OF VILLAGE KANDHULIMARI TARABARI UNDER RUPAHIHAT POLICE STATION IN THE DISTRICT OF NAGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. B M CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04.04.2025 Heard leanred counsel Mr. B.M Choudhury for the petitioner Md. Jiabur Rahman who has filed this application under Section 482 of the BNSS, with prayer for pre-arrest bail as he Page No.# 2/2 is apprehending arrest in connection Rupahihat PS Case No. 278/2024 under Section 61(1) (a)/118(2)/109/126(2) of BNS, 2023. The allegation against the petitioner is that he has attacked Ruhul Amin Choudhury and Ariful Hassan Choudhury with sharp weapons causing grave injuries on their person. Finally, Ruhul Amin Choudhury succumbed to his injuries. I have also considered the submission that the petitioner is willing to co-operate with the remaining part of the investigation. Heard Mr. D.P Goswami, learned Additional Public Prosecutor, Assam. The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. Investigation is still under progress. I have considered the gravity of the offence. At this juncture, there appears to be no justified ground to extend the privilege of pre- arrest bail to the petitioner. Petition stands rejected at this stage. Send back the Case Diary. JUDGE Comparing Assistant