Dismissed¶¶31

Firdus @ Khayruz Zaman Sk v. the State of Assam

Gauhati HC2 Sept 2025AB/1322/2025

Case brief

AI extract

What is this about?

Gauhati High Court, AB/1322/2025, order dated 03.09.2025 by Mrs. Justice Shamima Jahan. Pre-arrest (anticipatory) bail application dismissed for four accused (Firdus @ Khayruz Zaman Sk, Nur @ Nooraz Zaman Sk, Edu @ Asruz Zaman Sk, Baby @ Aklima Bibi) in Gauripur P.S Case No. 234/2025, Dhubri district, under Section 61(2)/103(1) of BNS, 2023; FIR dated 21.05.2025 by victim's wife; competing FIR by victim's mother; independent witnesses reported seeing petitioners drag the victim. Petitioner side: Sr. counsel H.R.A Choudhury with S Hussain; informant's counsel M.J Baruah; APP P Borthakur.

What did the court decide?

On perusal of the records, the Court found that independent witnesses had seen all four petitioners, along with others, dragging the victim in and out of the house. ¶¶30

Firdus @ Khayruz Zaman Sk Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010126372025

2025:GAU-AS:11950

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

¶5

Case No. : AB/1322/2025

¶6

FIRDUS @ KHAYRUZ ZAMAN SK S/O- LT. AJGAR ALI SK, R/O- MADHUSOULMARI PT II, PS- GAURIPUR, DISTRICT- DHUBRI, ASSAM, PIN- 783331

¶7

2: NUR @ NOORAZ ZAMAN SK S/O- LT. AJGAR ALI SK

¶8

R/O- MADHUSOULMARI PT- II PS- GAURIPUR DISTRICT- DHUBRI ASSAM PIN- 783331

¶9

3: EDU @ ASRUZ ZAMAN SK S/O- LT. AJGAR ALI SK

¶10

R/O- MADHUSOULMARI PT- II PS- GAURIPUR DISTRICT- DHUBRI ASSAM PIN- 783331

¶11

4: BABY @ AKLIMA BIBI D/O- LT. AJGAR ALI SK

¶12

R/O- MADHUSOULMARI PT- II PS- GAURIPUR DISTRICT- DHUBRI ASSAM PIN- 78333 VERSUS

¶13

Page No.# 2/4

¶14

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

¶15

Advocate for the Petitioner : MS P BARMAN, MS J A RAHMAN,MR K THAKUR,MR. SANU HUSSAIN

¶16

Advocate for the Respondent : PP, ASSAM, MR. M J BARUAH (INFORMANT)

¶17

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

¶18

ORDER

¶19

Date : 03.09.2025

¶20

Heard Mr. H.R.A Choudhury, learned Sr. counsel assisted by Mr. S Hussain, learned counsel for the petitioner. Also heard Mr. M.J Baruah, learned counsel for the informant and Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam.

¶21

By this application the petitioners have sought for bail in connection with Gauripur P.S Case No. 234/2025 under Section 61(2)/103(1) of BNS, 2023.

¶22

The F.I.R dated 21.05.2025 lodged by the wife of the deceased person reveals that on the same day at around 8:00 PM, the petitioners along with others, by pre-planning killed her husband with weapons in his house and that she made hue and cry and her husband was taken to the hospital by the neighboring people.

¶23

Mr. H.R.A Choudhury, learned Sr. counsel submits that the wife of the deceased person i.e. the informant was not at the place of

¶24

Page No.# 3/4

¶25

occurrence as could be seen from the annexures annexed by him in the petition showing that she was in the market, at that juncture. He also placed the FIR lodged by the mother of the deceased in which the mother has arrayed other accused persons to have killed her son.

¶26

Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam, by relying on the Case Diary of both the cases i.e. the case instituted by the wife of the deceased and the mother of the deceased submits that there are enough materials against all the accused persons i.e. the 4 petitioners. He has also placed the statement of the wife of the deceased person and the other independent witnesses who had stated that they had seen all the accused persons including the petitioners in the house of the victim and one of the witness had stated that he saw the petitioners dragging out the victim from his house and the victim shouting for saving him.

¶27

There are also other witnesses, to the effect that one boy who was going through the house of the deceased person, saw the accused persons i.e. the petitioners dragging the victim inside the house from where he heard noises of the victim for saving him and that thereafter, the voice of the victim stopped.

¶28

Mr. M.J Baruah, learned counsel for the informant had also placed the statement of the victim’s wife as well as other statements which showed the presence of the accused persons at the place of occurrence and who were also seen assaulting the victim.

¶29

Page No.# 4/4

¶30

Upon consideration of the submissions made at the bar and on perusal of the records where independent witnesses had seen all the four petitioners including others to have dragged the victim in and out of the house and also the statement of the wife of the victim that she was elsewhere but then she was called to the house of the victim and upon reaching the place she found the victim lying with injuries, this Court does not deem it fit to release the petitioners on pre-arrest bail.

¶31

In view of the above, the petition stands dismissed.

¶32

JUDGE

¶33

Comparing Assistant

Firdus @ Khayruz Zaman Sk v. the State of Assam

Case brief

What is this about?

What did the court decide?

Firdus @ Khayruz Zaman Sk v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ismail Hussain Vs the State of Assam

Deepjyoti Baishya Vs the State of Assam

Mamuni Khatun Alias Shorifa Khatun Vs the State of Assam

Gajendra Kalita Vs the State of Assam

MD Jakir Hussain Vs the State of Assam

Rofikul Islam and 2 Ors. Vs the State of Assam