Allowed

Nurjamal Hoque @ Nur Jamal Sk v. the State of Assam

Gauhati HC13 Nov 2025AB/1391/2025

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 482 BNSS by an accused apprehending arrest in Gouripur P.S. Case No. 49/2011 under Sections 392/302 IPC for robbery and murder. The petitioner was not a named accused and was implicated on co-accused statements and call detail records; charge-sheet came 14 years after FIR. Pre-arrest bail allowed with conditions.

What did the court decide?

Pre-arrest bail: release on arrest/appearance upon bail bond of Rs.50,000 with one like surety; direction to regularly appear at trial.

Nurjamal Hoque @ Nur Jamal Sk Vs the State of… — Murder and Culpable Homicide | Gauhati HC (2025)

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GAHC010132092025

2025:GAU-AS:15434

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

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Case No. : AB/1391/2025

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NURJAMAL HOQUE @ NUR JAMAL SK S/O- AMAR ALI @ OMAR ALI. R/O- BANIAMARI, P.O.- SAHEBGANJ. P.S.- GOLAKGANJ. DIST.- DHUBRI, ASSAM. PIN-783331.

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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 S RAHMAN, MS L MISHRA,MS. S PHUKAN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 14.11.2025

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Heard Mr. R. Rahman, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam.

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Scanned copy of TCR along with Case diary has been received.

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This application under Section 482 of BNSS, 2023 has been filed by the

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petitioner, namely, Nurjamal Hoque @ Nur Jamal SK who is apprehending their arrest in connection with Gouripur P.S. Case No. 49/2011 under Sections 392/302 of IPC.

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On 21.11.2009, the informant Azad Ali lodged an FIR before the O/c. Bilasipara Police Station, stating that, on 20.11.2009, Friday at about 8-30 p.m. the informant came to know that, his younger brother Nurjamal Sheikh, son of Late Abaj Uddin Sheikh of Village Tiamari, P.S. Gouripur, District Dhubri, Assam is the driver of AS-17-A-2552 (Indica) owned by Ashok Kumar Bhaduri, Ward No. 3, Gauripur Town and while he was going towards Bilasipara, then some miscreants killed his brother Nurjamal, thrown his dead body beside the National Highway No. 31 and took away the vehicle. Later on informant's brother Nurjamal was identified by the informant at Bilasipara Police Station and the case is registered as Bilasipara P.S. Case No. 391/09 dated 21.11.2009 U/s. 392/302 IPC. Later on, the case is transferred to Gouripur Police Station which is registered as Gouripur P.S. Case No. 49/ 2011 dated 30.01.2011 U/s. 392/302 IPC and started investigation.

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The case is of the year 2009 and the charge-sheet has been submitted only in the year 28.11.2023. During this period the petitioner could not be taken into custody.

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It appears that the petitioner is not a named accused and he has been implicated on the basis of the statements of co-accused persons only and call detail records (CDR).

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Having regard to the above, I am of the view that taking the petitioner in custody at this stage is not warranted in the aforesaid facts and circumstances.

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Accordingly, the prayer for pre-arrest bail is allowed.

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It is directed that in the event of arrest/appearance in connection with this case, the accused-petitioners, named above, shall be released in connection with Gouripur P.S. Case No. 49/2011 under Section 392/302 of IPC, on furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand) with one suitable surety of like amount to the satisfaction of the arresting authority/Court.

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It is further provided that in connection with the aforesaid case the petitioner shall regularly appear at the trial.

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Accordingly, the anticipatory bail application stands allowed and disposed of.

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Send back the case diary.

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JUDGE

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Comparing Assistant

Nurjamal Hoque @ Nur Jamal Sk v. the State of Assam

Case brief

What is this about?

What did the court decide?

Nurjamal Hoque @ Nur Jamal Sk v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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