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2026 DAILYLAW 7612 (GAU)

NUR MAHAMMAD ALIES NURU MIA v. THE STATE OF ASSAM

AB/1149/2026 · 2026-06-08

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010103062026 2026:GAU-AS:8071 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1149/2026 NUR MAHAMMAD ALIES NURU MIA S/O LATE GAJI RAHMAN ALIES GAJI MIA R/O - VILL - NO 2, BHATKUCHI, P.O - BHATKUCHI, P.S - BARPETA, DIST - BARPETA, ASSAM, PIN- 781314 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR M Z SHAH, S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 09.06.2026 1. Heard learned Counsel Mr. M.Z.Shah for the petitioner and Mr. B.Sharma, learned Addl.Public Prosecutor for the respondent State. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused-applicant Nur Mahammad @ Nuru Page No.# 2/3 Mia, apprehending arrest in connection with Barpeta P.S. Case No. 71/2026, registered under Sections 296/77/108/123/3 (5) of the BNS, 2023. 3. An FIR was lodged on 09.02.2026, alleging that the accused-applicant herein, has sold certain fertilizers and insecticides along with his grocery articles without license and the informant’s minor daughter after buying some fertilizers and insecticides committed suicide by consuming the same. 4. The learned counsel for the accused-applicant submits that the accused- applicant is a license holder for selling of fertilizer and insecticides and he has been doing this business for quite a while. In the instant case, FIR has been lodged after 9 months of the incident of the alleged suicide. He submits that he has not sold any fertilizer or insecticides to the victim as alleged in the FIR. 5. Case Diary along with the FSL report in the instant case has been produced before the Court. 6. After perusal of the FSL report as well as other materials in the Case Diary, this Court is of the considered opinion that at this stage the accused-applicant should be given the privilege of pre-arrest bail. 7. Accordingly, it is directed that in the event of the arrest of the accused- applicant in connection with the aforesaid case, he shall be released on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of arresting authority, subject to the following conditions: i) The accused applicant shall appear before the investigating officer within a period of 10 days of passing of this order; ii) The accused applicant shall co-operate with the investigation and make himself available as and when called Page No.# 3/3 for by the investigating officer; and iii) The accused applicant shall not try to influence any witness that may be involved in the instant case. 8. In terms of the above directions, the anticipatory bail application is disposed of. 9. Send back the Case Dairy. JUDGE Comparing Assistant