Tayabur Rahman Mazumder @ MD Bilal Ahmed @ Bilal Master Vs the State of Assam

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GAHC010094212025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1025/2025

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TAYABUR RAHMAN MAZUMDER @ MD BILAL AHMED @ BILAL MASTER S/O- LATE ASHARATH ALI MAZUMDAR. R/O- BHUGESWARI PHUKANONI ROAD,MUSLIM PATTY, W/NO-15, P.S- HOJAI, DIST.- HOJAI, ASSAM.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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06.05.2025

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1. Heard Mr. H.R.A.Choudhury, learned Senior counsel assisted by Mr. I. U. Choudhury, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the opposite party/respondent.

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2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioner, namely, TAYABUR RAHMAN MAZUMDER @ MD BILAL AHMED @ BILAL MASTER , who is apprehending his arrest in connection with Hojai P.S. Case No. 92/2025 registered under Sections 61(2)/318(4)/338/351(3) of BNS, 2023.

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3. The gist of the accusation in this case is that one Abdul Kalam had lodged an FIR before the Officer-in-Charge of Hojai Police Station, inter alia, alleging that after the death of his father in the year 2009, when the informant along with his brother went to Paschim Bogori searching for their father’s land, they found that the plot of land which is belonging to his father, has been forcefully occupied by his uncle namely, late Abdul Khaleque and his sons, namely, Jalal Uddin and Jamal Uddin.

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4. It is alleged in the FIR that the uncle of the informant had also muted his name in the land records using forged documents. It is also alleged that the accused persons named in the FIR have been repeatedly threatening the informant and his brother.

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5. Learned Senior counsel for the petitioner submits that bare perusal of the FIR would reveal that the dispute raised between the parties is purely civil in nature. He also submits that though the petitioner has been named in the FIR as accused person No. 2, however, no specific allegation has been made against him. He further submits that the specific allegation levelled in the FIR is against Abdul Khaleque and his above named two sons, who are the uncle of the informant and the sons of the uncle of the informant. However, no specific allegation has been stated in the FIR against them.

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6. It is also alleged that one of the co-accused, namely, Moinul Hoque was arrested by the police and has already been released on bail. Learned Senior counsel for the petitioner submits that the petitioner is apprehending of getting arrested as the police is searching for him. Learned Senior counsel for the petitioner also submits that the petitioner is ready to co-operate in the investigation and therefore, his custodial interrogation may not be necessary.

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7 . On the other hand, Mr. Sarma, learned Additional Public Prosecutor, Assam, prays

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for calling of the case diary.

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8. I have considered the submissions made by the learned counsel for both the parties.

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9. On bare perusal of the FIR would reveal that no specific allegation has been levelled against the present petitioner apart from mentioning that the FIR named accused persons have been threatening the informant. A general allegation has been levelled against the other accused persons that they had muted their names in the land records by using forged documents.

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10. However, considering the submission made by the learned Senior counsel for the petitioner that in the meanwhile, one of the co-accused was arrested and has been released on bail, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his custodial detention may not be necessary.

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11. Hence, this anticipatory bail application is disposed of with a direction that the above named petitioner shall appear before the Investigating Officer of Hojai P.S. Case No. 92/2025 within a period of 7 (seven) days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of arrest of the petitioner in connection with the aforesaid Hojai P.S. Case No. 92/2025, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one local surety of the like amount to the satisfaction of the arresting authority subject to the following conditions that:-

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(i) The petitioner shall co-operate with the investigation,

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(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer.

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12 . With the above observation, this anticipatory bail application is disposed of accordingly.

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JUDGE

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Comparing Assistant

Tayabur Rahman Mazumder @ MD Bilal Ahmed @ Bilal Master v. the State of Assam

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Tayabur Rahman Mazumder @ MD Bilal Ahmed @ Bilal Master v. the State of Assam

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