Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010061602025
2025:GAU-AS:3484
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AB/513/2025 RAHAN UDDIN S/O- JOHIR UDDIN ASSAM 2: SHAMIM UDDIN S/O-JOHIR UDDIN 3: JALAL UDDIN S/O- JOHIR UDDIN 4: MD. FOKHAR UDDIN S/O- ABDUL NOOR 5: SABIR AHMED S/O- SULUK RAJA 6: SHAHIR ALOM S/O- ABDUL SAMAD.
ALL ARE R/O- WARD NO-5 DOBOKA TOWN
P.O AND P.S- DOBOKA DIST- HOJAI ASSAM PIN-782440 VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MAJNUR ALOM
Page No.# 2/3 Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26.03.2025
1. Heard learned Counsel Mr. M.K.Hussain for the petitioners 1. Rahan Uddin,
2. Shamim Uddin, 3. Jalal Uddin, 4. Md. Fokhar Uddin, 5. Sabir Ahmed and 6. Shahir Alom who have filed this application under Section 482 of the BNSS, 2023 with a prayer for pre-arrest bail as they are apprehending arrest in connection with Doboka PS Case No. 8/2025 under Sections 189(2)/126 (2)/118(2)/109 of the BNS.
2. Mr. D.P.Goswami, learned Addl.Public Prosecutor is present for the respondent State and learned counsel Mr. D.K.Agarwala is present for the informant.
3. It is submitted that petitioner Nos. 2. Shamim Uddin and 4. Md. Fokhar Uddin have already been arrested and are forwarded to custody.
4. The informant has also filed an additional affidavit raising objection against the prayer for pre-arrest bail against the other petitioner. The picture of the injuries have been annexed with the bail application clearly reveals that the victim has sustained grievous injuries. It is also submitted on behalf of the informant that the pictures clearly Section 109 of the BNS is attracted against the petitioners and they are not entitled to pre-arrest bail.
5. Learned Addl.Public Prosecutor has also submitted that there are incriminating materials against the petitioners.
Page No.# 3/3
6. I have scrutinized the Case Diary.
7. At this juncture, there appears to be no justified reason to extend the privilege of pre-arrest bail to the petitioners 1. Rahan Uddin, 3. Jalal Uddin, 5. Sabir Ahmed and 6. Shahir Alom.
8. The pre-arrest bail as regards the aforesaid petitioners stands rejected at this stage.
9. Send back the Case Diary.
JUDGE Comparing Assistant