GAUHATI HIGH COURT ISSUES ORDER ON AZIR UDDIN V/S THE STATE OF ASSAM

GUWAHATI, India, July 22 -- Gauhati High Court issued the following order on June 23:

1. Heard learned counsel Mr. A.M.Barbhuiya for the petitioner Azir Uddin @ Sheikh Azir Uddin @ Azir Uddin Sheikh who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail apprehending arrest in connection with PRC Case No. 595/2024 (arising out of Algapur PS Case No. 45/2024) under Sections 302/201 of the IPC.

2. Learned Addl.Public Prosecutor Mr.K.Baishya is present for the State respondent.

3. The petitioner has been shown as absconder in the charge sheet and summons has been issued against him. The petitioner has approached the Sessions Court for pre-arrest bail but the bail petition was rejected in connection with Criminal Misc. (B) No.111/2025 and vide order dated 16.05.2025, learned Additional Sessions Judge has rejected the petitioner's prayer for pre-arrest bail. Now the petitioner is before this court.

5. I have considered the submissions at the Bar with circumspection.

6. Learned Addl.Public Prosecutor has raised serious objection in granting pre-arrest bail to the petitioner stating that the FIR clearly indicates that the petitioner is responsible for the victim's death.

7. I have scrutinised the trial court records.

8. It is submitted on behalf of the petitioner that charge sheet has been laid against the petitioner on conclusion that the death was ante-mortem hanging. The petitioner is apprehending arrest as summons has been issued against the petitioner and he has been shown as absconder in the charge sheet. It is also submitted that the petitioner is willing to co-operate with the trial.

9. Learned Addl.Public Prosecutor has raised objection by stating that death was opined as ante-mortem hanging. The petitioner's body was found in a pool of water.

10. At this juncture, I have taken a pragmatic view. Learned jurisdictional court has issued summons against the petitioner and the petitioner is also willing to cooperate with the trial.

11. It appears that pre-arrest bail may be granted to the petitioner.

12. The petitioner named above is directed to approach the Eleka Magistrate/ jurisdictional Court and apply for bail. The learned Court shall enlarge the petitioner on bail on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to his/ her satisfaction. The learned court may impose any condition to secure the attendance of the petitioner.

13. In terms of the above observations, the pre-arrest bail application stands disposed of.

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