Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010027352025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/320/2025 AMJAD ALI S/O- LATE SAINUDDIN SEIKH, R/O- VILL- 1 NO. THEKERABARI, JOGIPARA, P.O AND P.S- DHULA, DIST- DARRANG, ASSAM 2: AINAL HAQUE S/O LATE RAYSUDDIN SEIKH
R/O- VILL- 1 NO. THEKERABARI JOGIPARA P.O AND P.S- DHULA DIST- DARRANG ASSAM 3: CHOMAR ALI S/O LATE BACHULLA SEIKH R/O- VILL- 1 NO. THEKERABARI JOGIPARA P.O AND P.S- DHULA DIST- DARRANG ASSAM 4: MUSTAFA ALI S/O LATE JABED ALI
R/O- VILL- 1 NO. THEKERABARI JOGIPARA P.O AND P.S- DHULA DIST- DARRANG ASSAM 5: MUKHTARUL @ MUKTAR ALI S/O AMJAD ALI
R/O- VILL- 1 NO. THEKERABARI
Page No.# 2/4 JOGIPARA P.O AND P.S- DHULA DIST- DARRANG ASSAM 6: YUNUS ALI S/O SAINUDDIN
R/O- VILL- 1 NO. THEKERABARI JOGIPARA P.O AND P.S- DHULA DIST- DARRANG ASSAM 7: MONTAJ ALI S/O SAINUDDIN SEIKH
R/O- VILL- 1 NO. THEKERABARI JOGIPARA P.O AND P.S- DHULA DIST- DARRANG ASSAM 8: AHIJUDDIN S/O LATE BACHALLU SEIKH
R/O- VILL- 1 NO. THEKERABARI JOGIPARA P.O AND P.S- DHULA DIST- DARRANG ASSAM 9: JAHIDUL HAQUE S/O AHIZUDDIN
R/O- VILL- 1 NO. THEKERABARI JOGIPARA P.O AND P.S- DHULA DIST- DARRANG ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Page No.# 3/4 Advocate for the Petitioner : MR. N H BARBHUIYA, AJMAT ALI,MR H AHMED Advocate for the Respondent : PP, ASSAM, MR. SAIDUL ALOM(INFORMANT),K RAHMAN (INFORMANT)
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.03.2025
Heard Mr.N.H. Barbhuiya, the learned counsel appearing for the petitioners and Ms. N. Das, 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 Dhula PS Case No. 07/2025 (corresponding to GR Case No. 45/2025). 3. At about 12 noon on the day of the incident, the present petitioner allegedly attacked the family of the informant with sharp weapon. The incident came to light when the informant and his family members were trying to build a brick wall in their land. Because of the attack, the 66 years old Jeherul Islam sustained serious injuries. He was taken to Gauhati Medical College & Hospital for treatment. 4. The CD reveals that Jeherul Islam sustained fractures on his wrist and knees. 5.
The learned counsel for the informant has objected to this bail application. 6. I have considered the submissions made by the learned counsel of both sides. 7. Here, in this case, though the incident took place on 26.11.2024, the FIR was lodged on 17.01.2025. The petitioners and the informant are closed neighbors. 8 Mr. Barbhuiya has submitted that there is a civil dispute going on between the parties on the issue of land. Nobody sustained any injuries except Jeherul Islam. 9. This Court is of the opinion that at this stage the petitioners do not deserve to be detained in custody. Therefore, their prayer of pre-arrest bail is allowed. 10. It is hereby directed that in the event of arrest in connection with Dhula PS Case No. 07/2025, the petitioners 1. Amjad Ali, 2. Ainal Haque, 3. Chomar Ali, 4.Mustafa Ali, 5. Mukhtarul@ Muktar Ali, 6. Yunus Ali, 7. Montaj Ali, 8. Ahijuddin & 9. Jahidul Haque shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction
Page No.# 4/4 of the arresting authority. 11. All the nine petitioners shall appear before Investigating Officer as and when called for. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant