Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 9892 (GAU)

SADDAM HUSSAIN AND 6 ORS. v. THE STATE OF ASSAM

AB/714/2025 · 2025-04-09

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010065542025 2025:GAU-AS:4566 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/714/2025 SADDAM HUSSAIN AND 6 ORS. S/O SOBUR UDDIN AHMED R/O VILL- NO. 2 DAKSHIN RANGAPANI P.O. BADLA BAZAR, P.S. BOKO DIST. KAMRUP, ASSAM PIN-781127 2: AKRAM HUSSAIN S/O SOBUR UDDIN AHMED R/O VILL- NO. 2 DAKSHIN RANGAPANI P.O. BADLA BAZAR P.S. BOKO DIST. KAMRUP ASSAM PIN-781127 3: JAHANUR AHMED S/O SOBUR UDDIN AHMED R/O VILL- NO. 2 DAKSHIN RANGAPANI P.O. BADLA BAZAR P.S. BOKO DIST. KAMRUP ASSAM PIN-781127 4: SABINA EASMIN D/O SOBUR UDDIN AHMED R/O VILL- NO. 2 DAKSHIN RANGAPANI P.O. BADLA BAZAR P.S. BOKO DIST. KAMRUP ASSAM PIN-781127 Page No.# 2/4 5: IMRANA KHATUN W/O SOBUR UDDIN AHMED R/O VILL- NO. 2 DAKSHIN RANGAPANI P.O. BADLA BAZAR P.S. BOKO DIST. KAMRUP ASSAM PIN-781127 6: KHAIRUL ISLAM @ AMIR KHAIRUL ISLAM S/O KASHEM ALI R/O VILL- NO. 2 DAKSHIN RANGAPANI P.O. BADLA BAZAR P.S. BOKO DIST. KAMRUP ASSAM PIN-781127 7: NASIB ALI S/O ABU SHAMA R/O VILL- NO. 2 DAKSHIN RANGAPANI P.O. BADLA BAZAR P.S. BOKO DIST. KAMRUP ASSAM PIN-78112 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, MR S ISLAM,MR A U AHMED,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 10.04.2025 Page No.# 3/4 1. Heard learned counsel Mr. M. I. Hussain for the petitioner No. 1. Saddam Hussain, 2. Akram Hussain, 3. Jahanur Ahmed, 4. Sabina Easmin, 5. Imrana Khatun, 6. Khairul Islam @ Amir Khairul and 7. Nasib Ali, 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 Boko Police Station Case No. 82/2025 under Section 126(2)/296/117(2)/109(1)/351(3)/3(5) of Bharatiya Nyaya Sanhita. 2. Heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioners is that they have attacked Jahidul Islam, Abdul Kayum and Harun Aktar and causing grievous injures on them. It is submitted on behalf of the petitioners that a false case has been brought up against them. 4. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners. However, the injury report reveals that the injured person have sustained simple injuries. 5. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. 6. The petitioner Nos. 4. Sabina Yesmin, and 5. Imrana Khatun are on interim bail and their interim bail is made absolute. On the other hand, the petitioner Nos. 1. Saddam Hussain, 2. Akram Hussain, 3. Jahanur Ahmed, 6. Khairul Islam @ Amir Khairul and 7. Nasib Ali are granted pre-arrest bail. 7. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: Page No.# 4/4 (i) The petitioners shall appear before the Investigating officer within 1 (one) week and cooperate with the investigation, (ii) The petitioners shall refrain from such activities with which they are alleged, and (iii) The petitioners shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the bail conditions, bail shall stand automatically cancelled. 9. Send back the Case Diary. JUDGE Comparing Assistant