Bail application in a Dhula P.S. case of attack with sharp weapons causing grievous injury under BNS provisions. Interim pre-arrest bail of a petitioner already co-operating with investigation was made absolute; other applicants' bail prayers were rejected for incriminating materials in the case diary.
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GAHC010009292025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./139/2025
AMIR ALI @ AMIRUDDIN S/O SAIFUL SEIKH R/O VILL- PACHIM PADUKHAT P.S. DHULA, DIST. DARRANG, ASSAM
VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR M AHMED, S W HUSSAIN,A. K. KANU
Advocate for the Respondent : PP, ASSAM, M DEVI (INFORMANT),MR P J PATAR(INFORMANT),MR. K SINGHA(INFORMANT)
Linked Case : AB/116/2025
TAYEBUR RAHMAN @ TAYEB ALI 4 ORS. S/O LATE TAFIL SHEIKH R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM
2: MUAZZAM ANSOR @ MAJAM ALI S/O TAYEBUR RAHMAN R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM
3: MAFIJUR RAHMAN @ MAFIJ ALI S/O TAYEBUR RAHMAN R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM
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4: AZIZUL @ AIJAL S/O LATE SAMTULLA R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM
5: MAZEDA KHATUN W/O TAYEBUR RAHMAN R/O VILL- PACHIM PADUKHAT P.S. DHULA DIST. DARRANG ASSAM
VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM
-----------Advocate for : MR M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 11.02.2025
This is a common order for these two items.
Heard Mr. M. Ahmed, learned counsel appearing for the petitioner and Mr. D. P. Goswami, learned Addl. Public Prosecutor appearing for the State respondent as well as Mr. K. Sinha, learned counsel for the informant.
Both these applications have been filed under Sections 483 and 482 of the BNSS for pre-arrest bail as well as regular bail in connection with Dhula P.S. Case No. 195/2024 under Sections 126(2)/109/ 117(2)/118(2) of the BNS.
It is alleged in the FIR that on 13.12.2024 at about 4 PM, the petitioner attacked the informant and his family members with sharp weapon causing serious injury.
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The medical report available in the case diary shows that the injured person sustained grievous injuries.
The case diary, on the other hand, shows that the petitioner, Tayebur Rahman @ Tayeb Ali, who was earlier granted interim bail, has already appeared before the Investigating Officer and co-operated in police investigation.
Mr. Sinha submits that the petitioner, Tayebur Rahman @ Tayeb Ali has instigated the other petitioners to commit the same offence.
I have considered the submissions made by both sides.
Since the petitioner, Tayebur Rahman @ Tayeb Ali, has been co-operating with the Investigating Officer, he deserves to be released on bail. Accordingly, the interim pre-arrest bail granted to him, vide order, dated 23.01.2025 is hereby made absolute.
However, in respect of the other petitioners, the case diary reveals sufficient incriminating materials against them. Therefore, their prayer for pre-arrest bail as well as for regular bail is rejected.
Case diary shall be returned.
Accordingly, both the applications are disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest/regular bail should be granted to the petitioners in the Dhula P.S. assault case.
1 provisions across 1 enactments
Amir Ali @ Amiruddin S/o Saiful Seikh
The State of Assam rep by the PP, Assam
Tayebur Rahman @ Tayeb Ali
Muazzam Ansor @ Majam Ali
Mafijur Rahman @ Mafij Ali
Azizul @ Aijal
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
