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2026 DAILYLAW 17052 (GAU)

AZIYER RAHMAN AND 2 ORS. v. THE STATE OF ASSAM

AB/53/2026 · 2026-01-08

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010000562026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/53/2026 AZIYER RAHMAN AND 2 ORS. S/O SABAN ALI R/O VILL- CHAR KUKURMARA PO. RADHAMADHAB HAT P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM PIN-783131 2: NAJIR HUSSAIN S/O SABAN ALI R/O VILL- CHAR KUKURMARA PO. RADHAMADHAB HAT P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131 3: MONOWAR ALI S/O BOKKAR ALI R/O VILL- CHAR KUKURMARA PO. RADHAMADHAB HAT P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 09.01.2026 Heard Mr. M. Islam, learned counsel for the petitioners. Also heard Mr. K K Parasar, learned Additional Public Prosecutor, Assam. This application has been filed under Section 482 of the BNSS, 2023 by the petitioners, namely, (1) Aziyer Rahman @ Azibor Rahman; (2) Najir Hussain; and (3) Monowar Ali in respect of PRC Case No. 432/2024 pending in the court of the learned Sub-Divisional Judicial Magistrate (M), South Salmara, Mankachar. In the Charge Sheet, 25 (twenty five) number of accused persons are named out of which the petitioners are one of them. It has been submitted that 8 (eight) persons are allowed to go on bail and the present petitioners have been shown as absconders in the charge sheet. Other accused persons are yet to appear. It is submitted that the petitioners are interested in facing the trial but they apprehend that since they have been shown as absconder in the charge sheet, they might be remanded to custody. The learned Additional Public Prosecutor has prayed for calling of the scanned copy of the Trial Court Records. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that early disposal of the case before the trial court is more important. Therefore, appearance of the petitioners are also important for early disposal of the case. In view of the above, the prayer of the petitioners is allowed. Accordingly, it is hereby directed that the petitioners (1) Aziyer Rahman @ Azibor Rahman; (2) Najir Hussain; and (3) Page No.# 3/3 Monowar Ali shall appear before the learned Sub-Divisional Judicial Magistrate (M), South Salmara, Mankachar in respect of PRC Case No. 432/2024 within 15 (fifteen) days from today and on their appearance, the learned trial court shall release them on bail of Rs.50,000/- each with one surety each of like amount to the satisfaction of the Sub-Divisional Judicial Magistrate (M), South Salmara, Mankachar. With the above, the bail application is disposed of. JUDGE Comparing Assistant