Gauhati High Court
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GAHC010173652025
2025:GAU-AS:10285
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1881/2025
MOYAJ UDDIN ALIAS MOHAMMAD MAIJUDDIN ALIAS MD MAIJUDDIN
S/O HAIDAR ALI R/O VILL ALENGMARI PS BIJNI DIST CHIRANG BTR
ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP ASSAM
Advocate for the Petitioner : TUN RAJKHOWA,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
06.08.2025
1. Heard Ms. T. Rajkhowa, learned counsel for the petitioner.
Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for
the State.
2. This application under Section 482 of BNSS, 2023 has been
filed by the petitioner, namely, Moyaj Uddin @ Mohammad
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Maijuddin @ Md. Maijuddin, seeking pre-arrest bail in connection
with PRC Case No.34/2024 under Sections 448/363/34 IPC
arising out of Bijni P.S Case No.131/2023, pending in the
Court of learned JMFC, Bijni, district – Chirang.
3. A complaint was lodged by Asmat Ali, which was sent for
police investigation resulting in registration of the aforesaid case and
investigation returned a charge-sheet against all the three accused
persons including the petitioner. However, the present petitioner was
shown as an absconder and learned Court below i.e. SDJM, Bijni
issued an NBWA vide order dated 05.07.2025, fixing next date on
13.08.2025.
4. The learned counsel for the petitioners submits that the
other two accused persons are already enlarged on bail and that the
present petitioner was working in Gujarat and therefore, could not
appear resulting in absconder charge-sheet against him.
5. Mr. R. J. Baruah, learned Additional Public Prosecutor for
the State, objected to the grant of bail at this stage and prayed for
the calling of the scanned copy of the trial court record.
6. Perused the annexed documents in this regard.
7. It is submitted on behalf of the accused that he shall
appear regularly and abide by any conditions imposed on him.
8. Since, the investigation of the case is over and most of the
relevant certified copies have been annexed, therefore, I propose to
dispose of this anticipatory bail petition.
9. Therefore, in such view of the matter, in the event of his
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arrest in connection with this case, the petitioner namely, Moyaj
Uddin @ Mohammad Maijuddin @ Md. Maijuddin shall be
allowed to go on bail of Rs.25,000/- (Rupees Twenty Five
Thousand) only with one surety of the like amount subject to the
satisfaction of the arresting authority with following conditions:
(i) That the petitioner shall appear before the learned
court below and cooperate with the trial.
(ii) That the petitioner shall not directly or indirectly
make any inducement, threat or promise to any person who
may be acquainted with the facts of the case so as to dissuade
such person from disclosing such facts of the case before the
Investigating Officer;
(iii) That the petitioner shall not hamper or tamper with
evidence.
10. Consequently, NBWA issued against the petitioner vide order
dated 05.07.2025 shall be treated as BWA.
11. Accordingly, this anticipatory bail petition stands disposed
of.
JUDGE
Comparing Assistant