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2025 DAILYLAW 9744 (GAU)

ABDUL KHAYER @ MD KHAYER v. THE STATE OF ASSAM

AB/683/2025 · 2025-04-03

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010062772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/683/2025 ABDUL KHAYER @ MD KHAYER S/O- JAINAL ABDIN, R/O- VILL- BALUDUNGA, (KALDHUMA) PS BISWANATH CHARIALI, DIST- BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04.04.2025 1. Heard learned counsel Mr. M.Hoque for the petitioner Abdul Khayer @ Md. Khayer who has filed this application under Section 482 of the BNSS, 2023 praying for pre-arrest bail apprehending arrest in connection with Biswanath Chariali PS Case No. 57/2025 under Section 189(2)/189(4)/191(2)/329(3)/296/117 (2)/109(1)/351 (3) of the BNS, 2023. Page No.# 2/3 2. Learned Addl.Public Prosecutor Mr. D.P.Goswami is present for the State respondent. 3. The allegation against the petitioner is that he along with co-accused had caused grave injuries on the victim Dibyajyoti Das. 4. I have considered the submissions at the Bar. 5. I have also scrutinized the Case Diary. 6. The medical report reveals that Dipyajyoti Das sustained injuries on his head and also sustained simple injury on his cheek. 7. It appears that pre-arrest bail may be granted to the petitioner. 8. In the event of arrest of the petitioner named above in connection with aforementioned case, he shall be released on pre- arrest bail on furnishing bail bond of Rs.30,000/- with a surety of like amount to the satisfaction of the arresting authority subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer within one week and shall co-operate with the investigation (ii)The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii)The petitioner shall refrain from such activities of which he is alleged, (iii)The petitioner shall not leave the jurisdiction of the Court Page No.# 3/3 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