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2025 DAILYLAW 7434 (GAU)

WAHIDUZZAMAN @ WAHIDUDZZAMAN AND 5 ORS. v. THE STATE OF ASSAM

AB/340/2025 · 2025-03-25

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/4 GAHC010028592025 2025:GAU-AS:3493 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/340/2025 WAHIDUZZAMAN @ WAHIDUDZZAMAN AND 5 ORS. S/O NAZIRUL HOQUE R/O VILL- BORCHERRAPAR P.S.PATHARKANDI, DIST. SRIBHUMI 2: ROYSUL HAQUE S/O SAAD UDDIN R/O VILL- BORCHERRAPAR P.S.PATHARKANDI DIST. SRIBHUMI 3: APTAR HUSSAIN @ AFTAR UDDIN S/O ABDUL HAMID R/O VILL- BORCHERRAPAR P.S.PATHARKANDI DIST. SRIBHUMI 4: NEAYAJUDDIN @ NEAJ UDDIN S/O MUSSABBIR ALI R/O VILL- BORCHERRAPAR P.S.PATHARKANDI DIST. SRIBHUMI 5: SAAD UDDIN S/O LATE ABDUL SAHID R/O VILL- BORCHERRAPAR P.S.PATHARKANDI DIST. SRIBHUMI Page No.# 2/4 6: AHAD AHMED S/O ABDUR RAHIM ALI R/O VILL- BORCHERRAPAR P.S.PATHARKANDI DIST. SRIBHUM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSCUTOR , ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,J M SULAIMAN,MR. R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE 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, 2. Roysul Haque, 3. Aptar Hussain @ Aftar Uddin, 4. Neayajuddin @ Neaj Uddin, 5. Saad Uddin and 6. Ahad Ahmed who have filed this application under Section 482 of the BNSS, 2023 with a prayer for pre-arrest bail as they are apprehending arrest in connection with Patharkandi PS Case No. 31/2025 under Sections 118 (2)/109/3(5) of the BNS. 2. Mr. D.P.Goswami, learned Addl.Public Prosecutor is present for the respondent State. 3. The allegation against the petitioners is that they have assaulted the informant’s son and caused grievous injury on his person. Page No.# 3/4 4. I have scrutinized the Case Diary. 5. The informant has sustained simple injury caused with blunt weapon. 6. The petitioners have submitted that they are willing to co-operate with the remaining part of the investigation. 7. Considering the submissions at the Bar and considering all the aspects, the interim bail granted on 17.02.2025 to the petitioner Nos. 2. Roysul Haque, 3. Aptar Hussain @ Aftar Uddin, 4. Neayajuddin @ Neaj Uddin, 5. Saad Uddin and 6. Ahad Ahmed is hereby made absolute. 8. On the other hand, in the event of arrest of the petitioner No. 1 Wahiduzzaman @ Wahidudzzaman, he shall be released on pre-arrest bail on furnishing bail bond of Rs.20,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i) That the petitioner No. 1 Wahiduzzaman @ Wahidudzzaman shall appear before the I.O. within one week from today and shall co-operate with the investigation, ii) That the petitioner No.1 Wahiduzzaman @ Wahidudzzaman shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the above conditions, Court is at liberty to immediately cancel the pre-arrest bail granted to the petitioners. 11. In terms of the above observations, the pre-arrest bail application stands disposed of. Page No.# 4/4 12. Send back the Case Diary. JUDGE Comparing Assistant