Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010043672025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/525/2025 AAINAJ HUSSAIN S/O LATE AAFAK HUSSAIN, R/O. VILL. AMOLAPATTY ROSE GOLLY, P.S- DIBRUGARH, DISTRICT- DIBRUGARH, ASSAM. 2: SAJAD HUSSAIN S/O LATE AAFAK HUSSAIN R/O. VILL. AMOLAPATTY ROSE GOLLY P.S- DIBRUGARH DISTRICT- DIBRUGARH ASSAM. 3: SAHID HUSSAIN S/O LATE AAFAK HUSSAIN R/O. VILL. AMOLAPATTY ROSE GOLLY P.S- DIBRUGARH DISTRICT- DIBRUGARH ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. S NAZNEEN, MR Z ALAM,MR. N D SARMA Advocate for the Respondent : PP, ASSAM, N.R. SHARMA(INFORMANT),MR J DAS(INFORMANT),P BHOWMICK(INFORMANT),MR A SHARMA(INFORMANT),MR A TALUKDAR(INFORMANT),MR. A KHOUND(INFORMANT),MS. N CHOUDHURY(INFORMANT),MR. A K BHUYAN (INFORMANT)
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 14.05.2025
1. Heard Mr. N. D. Sarma, the learned counsel for the petitioners. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent as well as Ms. N. Choudhury, the learned counsel for the informant. 2. The learned counsel for the petitioners has submitted that by order dated 06.03.2025, all the petitioners, namely, (1) Aainaj Hussain, (2) Sajad Hussain and, (3) Sahid Hussain were allowed to go on interim anticipatory bail, and in pursuant to the directions of this Court, they have appeared before the Investigating Officer, and their statement has been recorded. 3. He submits that considering the cooperation rendered by the petitioners, their interim anticipatory bail may be made absolute. 4. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Dibrugarh P.S. Case No. 51/2025 and has submitted that though, the petitioners have appeared before the Investigating Officer, and their statements have been recorded under Section 181 of BNS, however, there are incriminating materials against the petitioners in the case diary, and the injury sustained by the victim. 5. As one of the victims, namely, Muktar Hussain sustained injury grievous in nature, as he sustained fracture on head. It also appears that other two injured persons, Arshad Hussain and, Mustahin Hussain, also sustained injuries. 6. Ms.
N. Choudhury, the learned counsel for the informant has opposed the making of anticipatory bail granted to the petitioners absolute on the ground that after getting the interim bail, the petitioner No.1, Aainaj Hussain, on
Page No.# 3/3 08.05.2025, had threatened the informant to kill him, and, accordingly, an FIR was also lodged by the informant before the Officer-in-Charge of Amolapatty Police Station. 7. I have considered the submissions made by the learned counsel for both the sides. 8. Though, it appears that the petitioners have appeared before the Investigating Officer, and their statements are recorded, however, considering the submissions made by the learned counsel for the informant, that the petitioner No.1, Aainaj Hussain, has threatened the victim after getting interim anticipatory bail, and also considering that one of the victims has sustained grievous injuries on his head, the interim anticipatory bail granted to the petitioner No. 1, Aainaj Hussain, by order dated 06.03.2025, is hereby vacated. 9. As regards, other two petitioners are concerned, their interim anticipatory bail is made absolute, subject to the condition that they shall not make any inducement, threat or promise to the informant or any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Officer or before the Court. 10. In view of the above, this anticipatory bail application is disposed of. 11. Send back the case diary. JUDGE Comparing Assistant