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2025 DAILYLAW 9703 (GAU)

MD SAMSUL HOQUE v. THE STATE OF ASSAM

AB/687/2025 · 2025-04-03

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010063022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/687/2025 MD SAMSUL HOQUE S/O LATE ALIM UDDIN, RESIDENT OF VILLAGE GAYAN GAON, PO AND PS DHING, DIST NAGAON, ASSAM 782123 2: MD NAJMUL HOQUE ALIAS BABU AHMED S/O FAIJUL HOQUE RESIDENT OF VILLAGE GAYAN GAON PO AND PS DHING DIST NAGAON ASSAM 782123 3: MD RABBUL ISLAM ALIAS RABBUL HOQUE S/O FAIJUL HOQUE RESIDENT OF VILLAGE GAYAN GAON PO AND PS DHING DIST NAGAON ASSAM 782123 4: BAHARUL ISLAM ALIAS BULBUL HOQUE S/O FAIJUL HOQUE RESIDENT OF VILLAGE GAYAN GAON PO AND PS DHING DIST NAGAON ASSAM 78212 VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR A MALEK, MR H A RASHID,MR A A DEWAN Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04.04.2025 1. Heard learned counsel Mr. A.A. Dewan for the petitioner Nos. 1. Samsul Hoque, 2. Md. Najmul Islam @Babu Ahmed 3. Md. Rabbul Islam @Rabbul Hoque, and 4. Baharul Islam @Bulbul Hoque, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Dhing Police Station Case No. 67/2025 under Sections 126(2)/118(2)/3(5) of the BNS, 2023. 2. Heard Mr. D.P.Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 3. The allegation against the petitioners is that the petitioner No. 1, petitioner No. 2 and petitioner No. 3 held the informant whereas the petitioner No. 4 tried to thrust the knife into the chest of the informant but the informant held the knife and sustained defense wounds on his hand. It is submitted that the petitioners are the owners of the brick kiln. They were paying the wages but the informant indulged in gambling in the premises of the industry which the petitioner tried to prevent and consequentially this incident took place. 4. I have considered the submissions at the Bar. 5. I have also scrutinized the Case Diary. 6. The investigation has progressed substantially. The victim has sustained Page No.# 3/3 simple injury. The interim pre-arrest bail granted to the petitioner No.1, Md. Samsul Hoque is hereby made absolute. 7. In the event of arrest of the petitioner Nos. 2, 3, and 4 named above in connection with aforementioned case, they shall be released on pre- arrest bail on furnishing bail bond of Rs.50,000/- each with a surety each of like amount to the satisfaction of the arresting authority subject to the following conditions: (i) The petitioner Nos. 2, 3 and 4 shall appear before the Investigating Officer within one week and shall co-operate with the investigation (ii)The petitioner Nos. 2, 3 and 4 shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii)The petitioner Nos. 2, 3 and 4 shall refrain from such activities of which they are alleged, (iii)The petitioner Nos. 2, 3 and 4 shall not leave the jurisdiction of the Court without prior permission. 9. In terms of the above observations, the pre-arrest bail application stands disposed of. 10. Send back the Case Dairy. JUDGE Comparing Assistant