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2025 DAILYLAW 8395 (GAU)

MD JEHERUL HOQUE AND ANR v. THE STATE OF ASSAM

Bail Appln./541/2025 · 2025-04-02

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010041842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./541/2025 MD JEHERUL HOQUE AND ANR S/O MD. ABUBAKKAR SIDDIQUE, RESIDENT OF VILLAGE TILARDIA, CHAR NAPARA PAM, PS SIALMARI, DIST NALBARI, ASSAM 2: MD RUSTOM ALI S/O HAZARAT ALI RESIDENT OF VILLAGE BARAMARA PS BARPETA SADAR DIST NALBARI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. N.A. BEGUM, MR A RAHMAN,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.04.2025 1. Heard Mr. S. Munir, learned counsel for the petitioner Md. Rustom Ali. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State of Assam. 2. The prayer made by the petitioner Md. Rustom Ali is under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after he was arrested in connection with Jagiroad P.S. Case No.249/2024. 3. He filed the present application along with Md. Jeherul Hoque. 4. On 25.03.2025, Md. Jeherul Hoque was allowed to go on bail. 5. Ms. Bora, learned Additional Public Prosecutor submits that there are sufficient incriminating materials against the present petitioner and some other persons are involved in this case are yet to be arrested. 6. Accordingly, learned Additional Public Prosecutor allowing the bail prayer of the petitioner might cause trouble in the investigation of the case. 7. I have considered the submissions made by learned counsel for both the sides. 8. On 24.12.2024, a truck bearing registration No.AS01-RC-2819 was stopped by some miscreants within the Jagiroad Police Station are, they took away the driver and handyman of the truck and the truck which carrying areca nuts was left there. Finally the areca nuts were found missing. The stolen goods are yet to be recovered. Page No.# 3/3 9. The petitioner has already completed 61 days in judicial custody. 10. At this stage, this Court is of the opinion that keeping the petitioner in custody for any further period of time, would not serve any interest to the Investigating Officer. 11. Therefore his bail application is allowed. 12. Accordingly, the petitioner Md. Rustom Ali, who was arrested in connection with Jagiroad P.S. Case No.249/2024 shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon, Assam. 13. Case Diary shall be returned. 14. The bail application stands disposed of. JUDGE Comparing Assistant