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2025 DAILYLAW 8340 (GAU)

SHAHJAHAN ALI AND 5 ORS. v. THE STATE OF ASSAM

AB/502/2025 · 2025-06-15

Parthivjyoti Saikia

Public Interest Litigationbody2025

Judgment text

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Page No.# 1/2 GAHC010042022025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/502/2025 SHAHJAHAN ALI AND 5 ORS. S/O- LATE EYASUDDIN MUNCHI VILL- LIKIRIPARA. P.S,- LAKHIPUR, DIST, - GOALPARA (ASSAM), PIN-783129. 2: ABDUR ROSHID S/O- SABDER ALI. VILL- JURIGAON. P.S.- LAKHIPUR. DIST.- GOALPARA (ASSAM) PIN- 783120 3: PILAR SANGMA S/O- LIPTHON MARAK VILL- KHASI KHAGRA P.S - KRISHNAI. DIST.- GOALPARA (ASSAM 4: SANJIT SANGMA S/O- LAIBICHAN SANGMA VILL- HUDA KONA. P.S.- KRISHNAI DIST.- GOALPARA (ASSAM). PIN- 783130. 5: SAIFUL ISLAM S/O- MAJIBOR RAHMAN. VILL- AULATOLI. P.S.- LAKHIPUR DIST.- GOALPARA (ASSAM). PIN- 783129 6: MEDHNACH SHIVAM (MINOR) S/O- NABAJYOTINATH. REPRESENTED BY HIS FATHER NABAJYOTI NATH. VILL- BAGUAN NARANGABARI P.S.- BAGUAN. DIST.- GOALPARA (ASSAM). PIN- 78312 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/2 Advocate for the Petitioner : MR. P PATHAK, MS. T BEGUM,MR. A ROSHID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16.06.2025 Heard Mr. A Roshid, the learned counsel appearing for the petitioners. Also heard Ms. N Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 in respect of Lakhipur P.S. Case No. 11/2025. 3. The petitioners were granted interim bail by this Court on 03.03.2025. Pursuant to the said order, the petitioners, except the petitioner No.6, Medhnach Shivam have already appeared before the Investigating Officer and their statements have been recorded. 4. The petitioner No. 6 Medhnach Shivam is a minor boy. His appearance before the Investigating Officer is not required and therefore his statement was not recorded. 5. Considering the aforesaid circumstances, this Court is of the opinion that since the petitioners have been co-operating with the police investigation, they do not deserve to be detained in custody. 6. Therefore, the bail application of the petitioners is allowed. 7. The interim bail granted by this Court on 03.03.2025 in favour of all the petitioners is hereby made absolute. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant