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2025 DAILYLAW 9252 (GAU)

MAHAR ALI v. THE STATE OF ASSAM

AB/603/2025 · 2025-05-18

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010055682025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/603/2025 MAHAR ALI S/O- CHANDU ALI 2: RAMENA KHATUN W/O. MAHAR ALI BOTH ARE R/O. AHATA P/S. MUKALMUA DIST. NALBARI ASSAM. 3: AMIRUN BEGUM W/O. NUR MUHAMMAD ALI R/O. MERUTTARY P/S. MUKALMUA DIST. NALBARI ASSAM. 4: AMEJ ALI @ AMIR ALI S/O. LUKMAN ALI R/O. HABLAKHA P/S. HAJO DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : I AMIN, MOHIDUL ISLAM,MR M H AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 19.05.2025 Heard learned counsel, Mr. I. Amin for the petitioners, namely, (i) Mahar Ali, (ii) Ramena Khatun and (iii) Amirun Begum, who have filed this application under Section 482 of the BNS, 2023 with prayer of a pre-arrest bail as they are apprehending arrest in connection with Mukalmua PS Case No. 39/2025 under Sections 329/118(2)/109/76/304(2)/3(5) of BNS. Heard Mr. P Borthakur, learned Additional Public Prosecutor, Assam. Mr. P. Borthakur has raised serious objection stating that the FIR and the forwarding report relating to forwarding of the arrested accused Nur Mohammad Ali, clearly reveals that the accused/ petitioners were armed with sharp weapons and they have collectively attacked the victim. Blood stained clothes were also seized in connection with this case. I have considered the submissions at the bar with circumspection. It is submitted on behalf of the petitioners that no overt act could be attributed to the petitioners. Hence, the petitioners may be granted pre-arrest bail. The petitioners have appeared before the I.O. and their statements have been recorded. Considering the submissions at the bar, the interim order dated 17.03.2025 is hereby made absolute under the same terms and conditions. Send back the Case Diary. JUDGE Comparing Assistant