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2025 DAILYLAW 7245 (GAU)

MD MOMTAZUL HAQUE @ REHAL KHAN AND ANR. v. THE STATE OF ASSAM

AB/309/2025 · 2025-03-25

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010027102025 2025:GAU-AS:3482 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/309/2025 MD MOMTAZUL HAQUE @ REHAL KHAN AND ANR. S/O MD. MOHIBUL HAQUE RESIDENT OF WARD NO. 6, MATIABOG, P.S. GAURIPUR, DIST. DHUBRI, ASSAM 2: ROFIQUL ISLAM @ SHONTI @ ROFIQUL ISLAM SHONTI S/O LATE SAKAWAT HUSSAIN R/O WARD NO. 11 BILASIPARA P.S. BILASIPARA DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFOREHONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26.03.2025 1. Heard learned Senior Counsel Mr. H.R.A Choudhury assisted by Mr. I.U. Choudhury for the petitioners, Md. Momtazul Haque @ Rehal Khan and 2. Rofiqul Islam @ Shonti @ Rofiqul Islam Shonti who have filed this application Page No.# 2/3 under Section 482 of the BNSS, 2023 with a prayer for pre-arrest bail as they are apprehending arrest in connection with Bilasipara PS Case No. 30/2025 under Sections 318(4)/61(2) of the BNS, 2023. 2. Mr. D.P.Goswami, learned Addl.Public Prosecutor is present for the respondent State. 3. The allegation in brief is that a musical night was organised at Bilisipara by the petitioners along with other persons. Two artistes did not attend the function and as such, the informant along with the people of the locality were humiliated. 4. The petitioners were granted interim pre-arrest bail on 14.02.2025 by a co-ordinate Bench of this Court. 5. I have scrutinized the Case Diary. 6. Case Diary reveals that the petitioners have appeared before the I.O. and they have co-operated with the investigation and recorded their statements. 7. Considering the submissions at the Bar and considering all the aspects, the interim bail granted on 14.02.2025 to the petitioner Nos. Md. Momtazul Haque @ Rehal Khan and 2. Rofiqul Islam @ Shonti @ Rofiqul Islam Shonti is hereby made absolute. 8. The pre-arrest bail application stands disposed of. 9. Send back the Case Diary. JUDGE Page No.# 3/3 Comparing Assistant