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2025 DAILYLAW 8184 (GAU)

HASINA BIBI AND 4 ORS. v. THE STATE OF ASSAM

AB/498/2025 · 2025-06-01

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010039822025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/498/2025 HASINA BIBI AND 4 ORS. W/O FIZNUR ALI R/O VILL BAREGAON PS KAMALPUR DIST KAMRUP, ASSAM 2: FAIJUL HAQUE @ FAIJUL ALI S/O LATE RAHMAT ALI R/O VILL BAREGAON PS KAMALPUR DIST KAMRUP ASSAM 3: MOMI BEGUM @ MONI W/O FAIJUL ALI R/O VILL BAREGAON PS KAMALPUR DIST KAMRUP ASSAM 4: MUNNI BEGUM W/O JAMIR ALI R/O VILL BAREGAON PS KAMALPUR DIST KAMRUP ASSAM 5: JAMIR ALI S/O AHMED AL VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 02.06.2025 1. Heard Mr. H. Ali, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respond- ent. 2. The learned counsel for the petitioners has submitted that the petition- er by order dated 04.03.2025, was allowed to go on interim anticipatory bail by this Court and in pursuant to the directions of this Court, they have appeared before the Investigating Officer. 3. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Kamalpur P. S. Case No. 28/2025. 4. However, he submits that there are sufficient incriminating materials against the petitioner in the case diary. However, he submits that the peti- tioners have appeared before the Investigating Officer and his statement under Section 181 of BNS, 2023 has also been recorded. However, he submits that the injury report of the victim is not yet available and there- fore, he prays for some more time to produce the injury report. 5. I have considered the submissions made by both the sides and have gone through the materials available on record including the case diary of Kamalpur P. S. Case No. 28/2025. Page No.# 3/3 6. It appears that the petitioners has complied with the directions of this Court and as they have co-operated in the investigation, hence, though the injury report is not available, however, this Court is of the considered opinion that if they continue to co-operate in the investigation, their cus- todial detention may not be necessary for fair completion of the investiga- tion of the Kamalpur P. S. Case No. 28/2025. 7. Hence, the interim anticipatory bail granted to the petitioner by order dat- ed 04.03.2025 is hereby made absolute with a condition that he shall con- tinue to cooperate in the investigation. 8. With the above observations, this anticipatory bail application is disposed of. 9. Send back the case diary. JUDGE Comparing Assistant