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2025 DAILYLAW 7965 (GAU)

ABU BAKKAR SIDDIQUE @ BAKKAR ALI AND 6 ORS v. THE STATE OF ASSAM

AB/450/2025 · 2025-03-23

Susmita Phukan Khaund

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Judgment text

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Page No.# 1/4 GAHC010036312025 2025:GAU-AS:3222 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/450/2025 ABU BAKKAR SIDDIQUE @ BAKKAR ALI AND 6 ORS S/O - SAMSUL HAQUE, R/O DOLONI, VILL.-GARUMARA P.O.- BURHA BURI P.S,- MAYONG, DIST- MORIGAON, ASSAM, PIN- 782411 2: TAJUMUL ISLAM S/O - AJIJUR HAQUE R/O VILL. DOLONI GARUMARA P.O.- BURHA BURI P.S.- MAYONG DIST. MORIGAON ASSAM PIN-782411 3: FUJAIL AHMED @ HUJAHIL AHMED S/O - SIWUL R/O VILL. DOLONI GARUMARA P.O.- BURHA BURI P.S.- MAYONG DIST- MORIGAON ASSAM PIN- 782411 4: ABUL HASEN @ HASEN ALI S/O - AJIJUR HAQUE R/O VILL. GARUMARA DOLONI P O.- BURHA BURI P.S.- MAYONG DIST- MORIGAON ASSAM PIN- 782411 5: SHIRAJUL ISLAM S/O - ABDUL MANNAN R/O VILL.-GARUMARA DOLONI P.O.- BURHA BURI P.S.- MAYONG DIST- MORIGAON ASSAM Page No.# 2/4 PIN- 782411 6: ILIAS AHMED S/O- SIRAJUL ISI.AM R/O AGED VILL.-GARUMARA DOLONI P.O.- BURHA BURI P.S.- MAYONG DIST- MORIGAON ASSAM PIN- 782411 7: SUBAIL AHMED S/O - AJIJUL HOQUE R/O VILL.-GARUMARA DOLONI P.O.- BURHA BURI P.S.- MAYONG DIST- MORIGAON ASSAM PIN- 78241 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MAHMUD, MS. D BORA,MS. B CHETIA,MR S ISLAM,MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.03.2025 1. Heard learned counsel Mr. M. U. Mahmud for the petitioner Nos. 1. Abu Bakkar Siddique @Bakkar Ali, 2. Tajumul Islam, 3. Fujail Ahmed @Hujahil Ahmed, 4. Abul Hasen @Hasen Ali, 5. Shirajul Islam 6. Ilias Ahmed, and 7. Subail Ahmed, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are Page No.# 3/4 apprehending arrest in connection with Mayong Police Station Case No. 17/2025 under Sections 191(2)/191(3)/329(3)/118(1)/118(2)/74/109 of the BNS, 2023. 2. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 3. It is submitted on behalf of the petitioners that they have also lodged an FIR in connection with the same cause of action which was registered as Mayong P.S. Case No. 18/2025. It is submitted that there was indeed a scuffle and the petitioner’s family members have sustained injuries. Then, the petitioner No. 1 has lodged an FIR against the informant and his family members. 4. Learned Additional Public Prosecutor has submitted that that there are incriminating materials in the Case Diary against the petitioners. The petitioners have attacked the victims and caused simple injuries to Abiram Sarkar, Manjit Sarkar, Prabhati Sarkar and Jatindra Sarkar. 5. I have scrutinized the Case Diary. It appears that pre-arrest bail may be granted to the petitioners. 6. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioners shall appear before the Investigating officer within 1(one) week and cooperate with the investigation, (ii) The petitioners shall refrain from such activities with which they are alleged, and Page No.# 4/4 (iii) The petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation. 7. On breach of any of the bail conditions, pre-arrest bail shall stand automatically cancelled. 8. Send back the Case Diary. JUDGE Comparing Assistant