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1963 DAILYLAW 76 (GAU)

TAHIR AHMED v. THE STATE OF ASSAM

AB/1963/2026 · 2026-09-16

Shamima Jahan

body1963

Judgment text

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Page No.# 1/3 GAHC010175952026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1963/2026 TAHIR AHMED S/O HUSSAIN AHMED, R/O VILL AND PO GHULCHARA, DIST SRIBHUMI, PIN 788720, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S NAG, MR. J RAHMAN,A RAHMAN,MRS M SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 17.09.2026 Heard Mr. A. Rahman, the learned counsel for the petitioner and Mr. B. Sarma, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for pre-arrest bail in connection with Nilambazaar Police Station Case No. 78/2026, registered under Page No.# 2/3 Sections 108/3(5) of BNS, 2023. 3. The FIR in connection with which the petitioner is apprehending arrest was lodged on 25.07.2026, by the father of the victim, stating inter alia that his daughter got married to the petitioner and that after 10-15 days of the marriage, the father-in-law of his daughter had tortured her by pouring hot water on her body. It is also alleged that one and a half months after marriage when the petitioner went outside the area for work, accused nos. 1 & 2, i.e., father-in-law and mother-in-law of the victim had tortured the victim. 4. The learned counsel for the petitioner submits that there is no allegation against the petitioner in the said FIR and whatever allegations are stated was against the father-in-law and mother-in-law of the victim. 5. Mr. B. Sarma, the learned Addl. Public Prosecutor for the State, on perusal of the Case Diary also submits that allegations were leveled against the father- in-law and mother-in-law of the victim and not the petitioner, who is the husband of the victim. 6. Upon consideration of the submissions made by the learned counsels and on perusal of the Case Diary, it is seen that the petitioner is not involved in the allegations made by the father of the victim and as such, this Court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the Arresting Authority under the following conditions: (i) The petitioner shall appear before the Arresting Authority within 10 days from the date of this order. Page No.# 3/3 (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the alleged case; and (iii) The petitioner shall not leave their residence without prior permission of the Arresting Authority. 7. The AB Application stands disposed of. JUDGE Comparing Assistant