THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 482
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 109(1), 117(2), 126(2), 296, 351(3)
Key paragraphs
- Para 66. 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…
Judgment
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
10.04.2025 ORDER Page No.# 3/4
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.
Heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam.
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.
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.
I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners.
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.
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.
On breach of any of the bail conditions, bail shall stand automatically cancelled.
Send back the Case Diary. JUDGE Comparing Assistant
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.