Sahur Uddin v. The State of Assam

ORDER Date : 06.12.2024

Heard Mr.S. Nawaz, learned counsel appearing for the petitioners and Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the state of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioners in respect of Batadrava PS Case No. 88/2024.

¶3It is alleged in the FIR that there was a quarrel between the family members and one lady Rubina Khatun, who pushed the deceased. As a result of which the deceased fell down and died.

¶4The medical report shows that the deceased died due to my-cardinal insufficiency.

¶5I have considered the submissions made by the learned counsels of both sides. It is clear on the face of the record that this is not a case of murder.

¶6This Court is of the opinion that under the given circumstances of the case, the petitioners do not deserve to be detained in custody.

¶7Therefore, the bail application of the petitioners is allowed.

¶8It is hereby directed that in the event of arrest in connection with Batadrava PS Case No. 88/2024, the petitioners, 1. Sahur Uddin, 2. Begum @ Anowara Begum and

¶3Rubina Khatun @ Rabina Khatunshall be released on bail of Rs. 2,000/- each with sureties of like amount to the satisfaction of the arresting authority.

¶9All the three petitioners are directed to co-operate with police Investigation Officer as and when called for.

¶10With the aforesaid direction, the bail application stands disposed of. The CD shall be returned.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010247332024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3064/2024o SAHURoUDDINo S/O-oLATEoMIRoBOX,o VILLAGE-oDHANIABHETI,oP.S-oBATADRAVA,o DIST-NAGAON,oASSAM 2:oBEGUMoALIASoANOWARAoBEGUM oW/O-oSAHURoUDDIN o VILLAGE-oDHANIABHETI oP.S-oBATADRAVA o DIST-NAGAON oASSAM 3:oRUBINAoKHATUNoALIASoRABINAoKHATUN oD/O-oSAHURoUDDINo o VILLAGE-oDHANIABHETI oP.S-oBATADRAVA o DIST-NAGAON oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPPoASSAM AdvocateoforotheoPetitionerooooo:oTAWHIDoALOMoLASKAR,oSAMIMoRAHMAN,MRoSoAo BARBHUYAN,MSoSURAYAoRAHMAN,MRoAoWoAMAN,MR.oSURAJIToDAS,MRoSARFRAZo NAWAZo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA