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2025 DAILYLAW 9375 (GAU)

SRI SHAHJAHAN ALI v. THE STATE OF ASSAM

AB/648/2025 · 2025-03-24

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010061662025 2025:GAU-AS:3371 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/648/2025 SRI SHAHJAHAN ALI S/O AKBOR ALI R/O KADAMTALA PART-II P.O. AND P.S. BILASIPARA DISTRICT DHUBRI ASSAM PIN 783348 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. A A R KARIM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 25/03/2025 Heard Mr. A A R Karim, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Sri Shahjahan Ali, son of Akbor Ali, resident of Kadamtala Part-II, P.O. & P.S. Bilasipara, District-Dhubri, has filed this application on 13.03.2025 under Section 482 BNSS, 2023, seeking pre-arrest bail apprehending his arrest in Sapatgram Police Station Case No. 58/2024 registered under Sections 61(2)/119(1)/311/109 of BNS read with Section 25(1-A)/27 of Arms Act corresponding to G.R. No. 537/2024. 3. As per the FIR dated 27.11.2024 lodged by the complainant before the Officer-in-Charge of Sapatgram Police Station, the case is that in the evening of 26.11.2024 around 6:30, two unidentified shooters entered into the State Bank of India Customers Service Point (CSP) located at Raniganj Bazar and approached the CSP operator and enquired from him about transferring money through the PhonePe application. As the said CSP operator refused to their request, those two shooters fired shots from firearms that hit on Ratan Ray, one by stander present at the CSP center, who sustained bullet injuries in his chest. In an attempt to intervene and rescue said Ratan Ray, one Abaidur Rahman, owner of the CSP, resident of Koslartari Part-I, P.S. Sapatgram, was also shot at by the assailants and said Abaidur Rahman also sustained bullet injuries in his stomach and leg. Along with those two persons, another person, namely, Abdul Gofur, resident of Village-Sapatgram was also sustained minor injuries in his leg during such shoot out by the assailants. Thereafter, the assailants fled away from the scene with the assistance of an accomplices on a motor cycle that was parked nearby the said CSP. 4. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. 5. Case diary indicates that it is an organized crime involving many others including the petitioner. 6. Finding sufficient incriminating materials in the case diary against the petitioner with regard to his involvement in the alleged crime, more particularly in receiving the firearms used during the Page No.# 3/3 incident, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Sri Shahjahan Ali in said Sapatgram P.S. Case No. 58/2024. 7. Accordingly, this pre-arrest bail application of the petitioner, Sri Shahjahan Ali, son of Akbor Ali, in said Sapatgram P.S. Case No. 58/2024 corresponding to G.R. No. 537/2024 stands rejected. 8. Return the case diary. JUDGE Comparing Assistant