HAFIZUR RAHMAN AND ANR v. THE STATE OF ASSAM AND ANR
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Judgment date:
Case summary
Gauhati High Court judgment dated 2026-03-30. HAFIZUR RAHMAN AND ANR v. THE STATE OF ASSAM AND ANR. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010055412026 2026:GAU-AS:4608 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl. Pet. /470/2026 HAFIZUR RAHMAN AND ANR S/O LT. SABED ALI R/O JHAGRARPAR PART-III,P. O. JHAGRARPAR P. S. AND DIST. DHUBRI, ASSAM, PIN- 783325 2: NURUZZAMAN SARKAR S/OLT. SABED ALI R/O JHAGRARPAR PART-III P. O. JHAGRARPAR P. S. AND DIST. DHUBRI ASSAM PIN-78332 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MD. REZAUL ISLAM S/O LT. AFZAL HUSSAIN R/O JHAGRARPAR PART-III P. O. JHAGRARPAR P. S. AND DIST. DHUBRI ASSAM PIN-78332 Advocate for the Petitioner : MR. M U MONDAL, MR. A W MONDAL,MR A ALIM SK,MR K ISLAM Advocate for the Respondent : PP, ASSAM, Page No. # 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 31. 03. 2026 Heard Mr. A. Alim SK, learned counsel for the petitioners. Also heard Mr. Bhaskar Sharma, learned Additional Public Prosecutor for the State of Assam.
This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No. 1093/2025 under Sections 61(2) (a)/189(3)/126(2)/118(2)/109(1) of the BNS, 2023 pending in the Court of the learned Chief Judicial Magistrate, Dhubri. The petitioners, Hafizur Rahman and Nuruzzamman Sarkar are shown as an absconder in the Charge-sheet. They submitted that they are interested in facing the trial and, therefore, they deserve to be given adequate opportunity to that effect. Learned Additional Public Prosecutor has objected to this bail application on the ground that the anticipatory bail application of the petitioners was earlier rejected by this Court on 16. 05. 2025, vide an AB No. 851/2025.
I have considered the submissions made by the learned counsel for both This Court is of the opinion that the rejection of the Anticipatory Bail prayer of the petitioners at the time of investigation should not stand as an impediment in allowing the prayer of the petitioners. 7. Since, the petitioners are interested in facing the trial they deserve to be given adequate opportunity to that effect. Page No. # 3/3 8. Therefore, their application is allowed. 9. The petitioners, Hafizur Rahman and Nuruzzamman Sarkar are directed to appear before the Court of the learned Chief Judicial Magistrate, Dhubri in respect of PRC Case No. 1093/2025 within a period of 7 (seven) days from today and on their appearance, the petitioners shall be released on bail of Rs. 25,000/- each with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhubri. 10. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant
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