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2025 DAILYLAW 7847 (GAU)

RIZA AHMED v. THE STATE OF ASSAM

AB/399/2025 · 2025-03-05

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010034932025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/399/2025 RIZA AHMED D/O LATE FIROZ AHMED R/O HOUSE NO. 81, ANUWARA PATH, SORUMOTORIA, P.O.ASSAM SACHIVALAYA,P.S. DISPUR, GUWAHATI-781006, DIST. KAMRUP (METRO),ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. O LASKAR, MS A GOGOI,MR. U N CHATTRY Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 06.03.2025 Heard the learned counsel Mr. O. Laskar appearing on behalf of the petitioner. Page No.# 2/3 Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023, whereby the petitioner Riza Ahmed has prayed for anticipatory bail in respect of Dispur P.S. Case No.48/2025 under Sections 318(4)/336(2)/340(1) of the BNS, 2023. 3. Shri Maneswar Das has stated in the FIR that he was allotted a Shop Room No.2, Block-B at Dispur Super Market under Guwahati Municipal Corporation. Later on, he came to know that the present petitioner had submitted some documents with the intention of transferring the aforementioned shop in her name. According to the informant, those documents contained his forged signatures. 4. Mr. Laskar has pointed that on 14th of November, 2005 Maneswar Das had sold the said Shop Room to Md. Firoz Ahmed, the father of the petitioner and for that deal, an amount of ₹40,000/- was taken by Maneswar Das. Thereafter, Md. Firoz Ahmed was running the same shop by paying the monthly rent. The documents to that effect are also submitted. In the meantime, in the year 2024, Firoz Ahmed died. Therefore, the present petitioner being his daughter, claimed before the Municipal Corporation for allotting the said Shop Room in her name. Now, Maneswar Das has claimed that the present petitioner had committed forgery by creating some false documents to have the shop allotted in her name. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court has decided to agree with Mr. Laskar that there are elements of a civil dispute rather than a criminal case against the present petitioner. 7. For the aforesaid allegation, the present petitioner does not deserve to be detained in custody. Accordingly, her pre-arrest bail application is allowed. 8. It is hereby directed that in the event of arrest in connection with Dispur P.S. Case No.48/2025 under Sections 318(4)/336(2)/340(1) of the BNS, 2023, the petitioner Riza Ahmed shall be released on bail of ₹20,000/- with a surety of like Page No.# 3/3 amount to the satisfaction of the arresting authority. 9. The petitioner shall co-operate with Police Investigating Officer as and when called for. With the aforesaid direction, the present application for bail is disposed of. JUDGE Comparing Assistant