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2025 DAILYLAW 14899 (GAU)

IBRAHIM ALI AND ORS v. THE STATE OF ASSAM

AB/1444/2025 · 2025-08-26

Shamima Jahan

body2025

Judgment text

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Page No.# 1/4 GAHC010137812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1444/2025 IBRAHIM ALI AND ORS S/O- ASMAT ALI. R/O- VILL.- JALJALI. P.S.- RANGIA. DIST.- KAMRUP(ASSAM), PIN-781376 2: MAJID ALI @ ABDUL MOJID. S/O- HASAN ALI. R/O- VILL.- JALJALI. P.S.- RANGIA. DIST.- KAMRUP(ASSAM) PIN-781376 3: MD. JULHAS ALI S/O- IBRAHIM ALI. R/O- VILL.- JALJALI. P.S.- RANGIA. DIST.- KAMRUP(ASSAM) PIN-781376 4: HAJRAT ALI. S/O- AKKAS ALI. R/O- VILL.- JALJALI. P.S.- RANGIA. DIST.- KAMRUP(ASSAM) PIN-781376 5: SOFIKUL ALI S/O- AKBOR ALI. R/O- VILL.- JALJALI. P.S.- RANGIA. DIST.- KAMRUP(ASSAM) PIN-781376 6: DULAL ALI. S/O- IBRAHIM ALI. R/O- VILL.- JALJALI. P.S.- RANGIA. DIST.- KAMRUP(ASSAM) PIN-781376 Page No.# 2/4 7: MONNAF ALI @ MANNACH ALI. S/O- REHMAT ALI. R/O- VILL.- JALJALI. P.S.- RANGIA. DIST.- KAMRUP(ASSAM) PIN-781376 8: SALAM ALI @ ABDUL SALAM S/O- HASEN ALI. R/O- VILL.- JALJALI. P.S.- RANGIA. DIST.- KAMRUP(ASSAM) PIN-781376 9: SAHARA BEGUM W/O- IBRAHIM ALI. R/O- VILL.- JALJALI. P.S.- RANGIA. DIST.- KAMRUP(ASSAM) PIN-78137 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM,MS. M R DEVI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.08.2025 Heard Mr. A. Roshid, learned counsel for the petitioners and Mr. D. P. Goswami, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS, 2023 the petitioners, viz., 1) Ibrahim Ali, 2) Majid Ali @ Abdul Mojid, 3) Md. Julhas Ali, 4) Hajrat Ali, 5) Sofikul Ali, 6) Dulal Ali, 7) Monnaf Ali @ Mannach Ai, 8) Salam Ali @ Abdul Salam and 9) Sahara Begum have prayed for pre-arrest bail in Page No.# 3/4 connection with Rangia P.S. Case No.121/2025 registered under Sections 189(2)/189(3)/129(4)/117(2)/118(2)/305/326(g) 64 of the BNS. The F.I.R. dated 08.06.2025 lodged by one Fakhar Uddin Ahmed reveals that the petitioners along with 3 others went to the house of the father of the informant with weapons in their hands and assaulted his family members and took away cash and land documents. It is also alleged that the petitioners had burnt down the room of his parents and had also burnt down the other parts of the house and books as well. On receipt of the ejahar the police registered the case under the aforesaid sections of law. Mr. A. Roshid, learned counsel for the petitioners submits that it was a group fight between the petitioners and the informant’s side and that one of the petitioners had also lodged a cross-F.I.R. on the same day i.e. on 08.06.2025. He also submitted that injuries were sustained by people from both the sides. Mr. D. P. Goswami, learned Addl. P.P., on the other hand, submits that there are injuries on the informant side to the effect that laceration injuries were found on two members of the informant side and that on perusal of the Case Diary he submits that witnesses have stated that the petitioner No.1 had led the other petitioners and got involved in the fight. I have heard the learned counsel for both the sides and have perused the records. In the F.I.R. lodged against the petitioners no overt act has been stated in respect of any of the petitioners in the said F.I.R. and the allegations were Page No.# 4/4 against all the petitioners being in a group. Although the allegation that unlawful assembly has been constituted by the petitioners as mentioned in the F.I.R. but the same would be a matter of trial. However, it is also seen that the petitioners had also lodged an ejahar against the informant side and it also seen that the F.I.R. lodged by the petitioners was at an earlier point of time as is reflected by the F.I.R. annexed to the said petition. It is also seen that Ibrahim Ali, who is said to have led the fight was also injured. In view of the above, this Court finds it fit to release the petitioners on pre-arrest bail on furnishing a bail bond of Rs.20,000/- each with one local surety each to the satisfaction of the arresting authority under the following conditions :- (1) That the petitioners shall cooperate with the investigation of the case and shall appear before the Investigating Officer as and when called for. (2) That the petitioners shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioner shall not leave their place of residence without the permission of the arresting authority. The Bail Application stands disposed of. JUDGE Comparing Assistant