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2025 DAILYLAW 9366 (GAU)

ZOHIRUL ISLAM SARKAR @ JOHIRUL ISLAM SARKAR v. THE STATE OF ASSAM

Bail Appln./856/2025 · 2025-04-06

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010057162025 2025:GAU-AS:4252 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./856/2025 ZOHIRUL ISLAM SARKAR @ JOHIRUL ISLAM SARKAR S/O NURAL ISLAM SARKAR R/O VILL-BANGALIPARA PART-I, NEW FLIMARI, P.S. BILASIPARA, DIST.DHUBRI, ASSAM PIN-783348 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR Z ALAM, MS. S NAZNEEN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07-04-2025 Heard Mr. Z Alam, learned counsel for the petitioner Zohirul Islam Sarkar @ Johirul Islam Sarkar, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind Page No.# 2/2 bars since 28.02.2025 in connection with Bilasipara Police Station Case No. 68/2025 under Section 103/109 of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that he attacked the deceased victim Meher Ali with a dao initially and thereafter, he ran over his vehicle bearing registration No. AS-01-BM-1227 over the victim. This victim finally succumbed to his injuries and was declared dead. 4. Learned Additional Public Prosecutor has raised serious objection against the bail petition stating that there are incriminating materials in the Case Diary. 5. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. Investigation is still under progress. At this juncture, petition with prayer for bail stands rejected. 6. In terms of the above observation, this Bail Application stands disposed of. 7. Send back the Case Diary. JUDGE Comparing Assistant