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2025 DAILYLAW 7505 (GAU)

RASUL UDDIN @ ROSULDI AND ANOTHER v. THE STATE OF ASSAM

Bail Appln./375/2025 · 2025-02-13

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010030202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./375/2025 RASUL UDDIN @ ROSULDI AND ANOTHER S/O- LATE HUSSAIN ALI VILL- PAHARPUR KATULI P.S- BAGHBAR DIST- BARPETA ASSAM 2: HANIF ALI S/O- LATE AKKESH ALI VILL- PAHARPUR KATULI P.S- BAGHBAR DIST- BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H A AHMED, MR. I U CHOWDHURY,MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 14.02.2025 Heard Mr. H.R.A. Choudhury, learned senior counsel, assisted by Ms. R. Deka, learned counsel appearing for the petitioners. Also heard Mr. D. P. Page No.# 2/3 Goswami, learned Addl. Public Prosecutor appearing for the State respondent. This is an application under Section 483 of the BNSS, 2023, wherein the petitioners, namely, Rasul Uddin @ Rosuldi and Hanif Ali, have prayed for grant of bail in connection with Sessions Case No.07/2025 arising out of Baghbar P.S. Case No. 171/2016 under Sections 302/34 of the IPC. The petitioners, Rasul Uddin @ Rosuldi and Hanif Ali were shown as absconder in the charge sheet. The other accused Haysor Ali is on bail. The petitioners were surrendered before the learned Trial Court and they were remanded to custody. The petitioners filed bail application and their bail was rejected only on the ground that they were shown as absconder in the charge sheet. I have considered the submissions of both sides. There is nothing in the record to show that releasing the petitioners on bail would hamper future trial of the case. As such, this Court is of the opinion that under the given circumstances, the petitioners do not deserve to be detained in custody. Therefore, the bail prayer is allowed. Accordingly, the petitioners, named above, in connection with above noted case, shall be released on bail of Rs.25,000/- each with one surety of like amount to the satisfaction of the learned Sessions Judge, Barpeta. The petitioners are directed to appear before the learned Trial Court on each and every date without fail. If the petitioners default in appearance, liberty Page No.# 3/3 is given to the learned Trial Court to procure their attendance. With the aforesaid observation, the bail application is disposed of. JUDGE Comparing Assistant