Nur Islam and 2 Ors. Vs the State of Assam

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GAHC010035622025

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2025:GAU-AS:2566

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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./503/2025

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NUR ISLAM AND 2 ORS S/O ABUSHYAMA VILL- KHORAGHAT P.S. BAGRIBARI, DIST. KOKRAJHAR, BTC, ASSAM

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2: SAHIDUL ISLAM S/O SOBDER ALI SHEIKH VILL-TAMAKUBARI PT.II P.S. BAGRIBARI DIST. KOKRAJHAR BTC ASSAM

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3: AHAD ALI S/O JOYNAL ABEDIN VILL-TAMAKUBARI PT.II P.S. BAGRIBARI DIST. KOKRAJHAR BTC ASSA VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. M U MAHMUD, MS. F RAHMAN,MS. B CHETIA,MS. D BORA,MR S ISLAM,MRS. M SAIKIA,MR S H MAHMUD

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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11-03-2025

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Heard Ms. F. Rahman, learned counsel for the petitioners and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam.

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2. The petitioners, namely, (1) Nur Islam , son of Abushyama Sheikh, resident of Village-Khoraghat, (2) Sahidul Islam , son of Sobder Ali Sheikh, resident of VillageTamakubari Part-II and (3) Ahad Ali , son of Joynal Abedin, resident of VillageTamakubari Part-II, all under Police Station-Bagribari, District-Kokrajhar, BTC (Assam), have filed this application on 18.02.2025 under Section 483 BNSS, 2023 seeking bail in Bagribari Police Station Case No.98/2024 corresponding to G.R. No. 608/2024 registered under Sections 196(2)/298/299/325 BNS, 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021, in which, they were arrested on 21.01.2025 and are in custody since then.

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3. As per the FIR dated 30.12.2024, lodged by the complainant before the Bagribari Police Station, the case is that on 30.12.2024 around 08:30 am, when one of the staff of 25 Hat kali Mandir opened the said temple as usual, unlike the other day, noticed blood stained bag inside the said temple and she informed the authorities of the said temple immediately. The complainant suspected that on the previous night some unknown miscreants have kept the said blood stained bag containing meat on it inside the said temple. Accordingly, said FIR of the complainant was registered as Bagribari Police Station Case No.98/2024 corresponding to G.R. No. 608/2024 under Sections 196(2)/298/299/325 BNS, 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021.

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4. The note of the concerned Investigating Officer in the case diary placed before the Court today by Mr. Goswami, learned Addl. PP indicates that only to disturb the

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tranquility and harmony amongst the members of the society at village Araijani Part-II, it was suspected that the miscreants have kept the said blood stained bag with meat on it inside the temple, so as to create a law and order situation creating communal disturbance in the area.

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5. On perusal of the case diary and the materials available in it (case diary is only upto 04.02.2025), the Court is of the view that considering their detention since 21.01.2025, further custodial detention of the petitioners are not warranted for investigation of said Bagribari P.S. Case No.98/2024. As such, this bail application of the petitioners in said Bagribari P.S. Case No.98/2024 is accepted.

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6. Accordingly, the petitioners, namely, (1) Nur Islam , son of Abushyama Sheikh, (2) Sahidul Islam , son of Sobder Ali Sheikh, and (3) Ahad Ali , son of Joynal Abedin shall be released on bail in said Bagribari P.S. Case No.98/2024 on furnishing a bail bond of Rs. 75,000/- each, with two local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar on conditions that the petitioners (i) shall appear before the Investigating Officer of said Bagribari P.S. Case No.98/2024 as and when they are required for necessary investigation of said Bagribari P.S. Case; (ii) shall not leave the territorial jurisdiction of the Bagribari Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (v) shall not involve themselves in any criminal activities in future.

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7. Any violation of the aforesaid terms and conditions by the petitioners, named above, the bail granted to them in the aforementioned Bagribari P.S. Case

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No.98/2024 shall stand automatically vacated.

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8. Bail application is accordingly stands allowed to the extent above.

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9. Return the case diary.

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JUDGE

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Comparing Assistant

Nur Islam and 2 Ors. v. the State of Assam

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Nur Islam and 2 Ors. v. the State of Assam

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