Dismissed¶30

MD Jeherul Hoque v. the State of Assam

Gauhati HC12 Feb 2025Bail Appln./185/2025

Case brief

AI extract

What is this about?

Regular bail refused; Section 483 BNSS 2023; bail application dismissed; case diary sufficient incriminating materials; Jagiroad P.S. Case No. 249/2024; FIR dated 29.11.2024; truck Regn. No. AS-01-RC2819; areca nut consignment; National Highway; driver and handyman deserted; Changsari Police Station; Nalbari (petitioner Md Jeherul Hoque); Goalpara/Simlabari/Lakhipur (petitioners Amir Ali and Sobur Uddin); linked/common-order disposal of two bail applications; Gauhati High Court; Justice Parthivjyoti Saikia; order dated 13.02.2025; CD(s) returned.

What did the court decide?

This Court is of the opinion that the case diary contains sufficient incriminating materials against the present petitioners; therefore, at this stage, the petitioners do not deserve to be released on bail. ¶27

MD Jeherul Hoque Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

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GAHC010012622025

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

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Case No. : Bail Appln./185/2025

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MD JEHERUL HOQUE S/O MD.ABU BAKKAR SIDDIQUE VILL-TILARDIA,CHAR NAPARA PAM, P.S.SIALMARI, DIST.NALBARI,ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S MUNIR,

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Advocate for the Respondent : PP, ASSAM,

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Linked Case : Bail Appln./197/2025

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AMIR ALI AND ANR

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SON OF SULTAN ALI R/O- SIMLABARI P.S.- LAKHIPUR DIST. - GOALPARA ASSAM

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2: SOBUR UDDIN

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SON OF SULTAN ALI R/O- SIMLABARI P.S.- LAKHIPUR DIST. - GOALPARA ASSAM VERSUS

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THE STATE OF ASSAM REP BY THE PP ASSAM

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-----------Advocate for : MR. A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 13.02.2025

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Since both the bail applications arise out of the same FIR, both the bail applications are taken up together for disposal by this common order.

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Heard Mr. S. Munir, learned counsel appearing for the petitioner in Bail Appln. No. 185/2025 and Mr. A. Ahmed, learned counsel appearing for the petitioners in Bail Appln. No. 197/2025. Also heard Mr.K. Baishya, the learned Additional Public Prosecutor for the state of Assam.

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These two bail applications are filed under Sections 483 of the BNSS, 2023 whereby the petitioners, Md. Jeherul Hoque, Amir Ali & Sobur Uddin have prayed for regular bail, after they were arrested in connection with Jagiroad P.S. Case No. 249/2024.

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On 29.11.2024, one truck bearing registration No.AS-01-RC2819 was carrying a large consignment of areca nuts and the vehicle was going via the National Highway. When the vehicle was within the jurisdiction of Jagiroad Police Station, some people stopped the vehicle and took the driver and the handyman with them. Subsequently, the driver and the handyman were deserted under the jurisdiction of Changsari Police Station.

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I have considered the submissions made by the learned counsels of both sides.

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This Court is of the opinion that the case diary contains sufficient incriminating materials against the present petitioners. Therefore, at this stage, the petitioners do

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not deserve to be released on bail.

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