Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/6 GAHC010049612025
2025:GAU-AS:3012
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/488/2025 MAZIBUR RAHMAN AND ORS S/O- JAMAL UDDIN R/O- BOGAMUKH NO.5
P O- BOGAMUKH
P.S- LAOKHOWA CHAPARI
DIST- NAGAON ASSAM
PIN- 782120.
2: HARUN RASHID S/O- JAHIRUL HAQUE R/O- TELIA CHAPORI JAMTOL
P.O- TELIA CHAPARI
P.S- RUPAHI HAT
DIST- NAGAON ASSAM
PIN- 782125 3: AIYUB KHAN S/O- AMAR ALI
R/O- PUTHIKHAITY
Page No.# 2/6 P O- RUPAHI
P.S- RUPAHI HAT
DIST- NAGAON ASSAM
PIN- 782125 4: TAZAMUL ISLAM S/O - HUSSEN ALI R/O - PUTHIKHAITI
P.O- RUPAHI
P.S- RUPAHI HAT
DIST- NAGAON ASSAM
PIN- 782125 5: JAHANGIR ALOM S/O - NURUL ISLAM R /O - GEHUA CHALCHALI
P.O- GEHUA CHALCHALI
P.S- RUPAHI HAT DIST- NAGAON ASSAM
PIN- 782125 6: HARES ALI S/O- JAYAMAT ALI R/O- FAKALI
P.O- RUPAHII
P.S- RUPAHI HAT
DIST- NAGAON ASSAM
PIN- 782125 7: LUTFUR R.AHMAN
Page No.# 3/6 S/O - JOYNAL ABDIN R/O RUPAHITOWN P.O- RUPAHI
P.S- RUPAHI HAT
DIST- NAGAON ASSAM
PIN- 782125.
8: SAHABUDDIN AHMED S/0 - RUSTOM ALI R/O - PUTHIKAITY
P.O- RUPAHI P.S- RUPAHI HAT
DIST- NAGAON ASSAM
PIN- 782125.
9: ASHAFUL ALAM S/O- HAZRAT ALI R/O- SOLAMARI P.O- MAGURMARI
P.S- RUPAHI HAT
DIST- NAGAON ASSAM
PIN- 782140 10: MOZIBUR RAHMAN S/O- SURUJ AII
R/O- TAMULITUP
P.O- BORGHAT
P.S- RUPAHI HAT
DIST- NAGAON ASSAM
PIN- 782125
Page No.# 4/6 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR P TALUKDAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 20-03-2025
Heard Mr. S. Das, learned counsel for the petitioner Nos. 1. Mazibur Rahman, 2. Harun Rashid, 3. Aiyub Khan, 4. Tazamul Islam, 5. Jahangir Alom,
6. Hares Ali, 7.Lutfur Rahman, 8. Sahabuddin Ahmed, 9. Ashaful Alam and 10. Mozibur Rahman, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail they are apprehending arrest in connection with Nagaon Police Station Case No. 147/2025 under Section 126(2)/ 189(2)/ 189(3)/ 189(4)/ 117(2)/ 304(2)/61(2)/121(2)/109/3(5) of Bharatiya Nyaya Sanhita, 2023.
2. Heard learned Additional Public Prosecutor Mr. D.P. Goswami for the respondent State and Mr. V.A. Choudhury for the informant.
3. The allegation against the petitioners is that on 20.02.2025 the petitioners created trouble in the meeting which was held at Rupahihat and attacked Tanzil Hussain, son of the informant as well as the informant and tried to snatch away the weapons from the security personnel. The local people however came to
Page No.# 5/6 their rescue.
5. Learned Additional Public Prosecutor has submitted that Case Diary reveals that the informant and the victim sustained simple injuries.
6. I have considered the submissions at the bar with circumspection.
7. Petitioners are willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon them. It is also submitted that the petitioners being local residents are not flight risks. It appears that pre-arrest bail may be granted to the petitioners.
8. In the event of their arrests, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :”- (i) the petitioners shall appear before the Investigating Officer within one week and to cooperate with the investigation, (ii) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioners shall refrain from such activities with which they are alleged and maintain the peace.
9. On breach of any of the bail conditions, bail order shall automatically stand cancelled.
10. In terms of the above observation, this Anticipatory Bail Application stands
disposed of.
Page No.# 6/6
11. Send back the Case Diary.
JUDGE Comparing Assistant