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2025 DAILYLAW 3073 (GAU)

SAHRUKH KHAN v. THE STATE OF ASSAM

AB/3023/2025 · 2026-04-22

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010284272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3023/2025 SAHRUKH KHAN S/O LT. ISSA KHAN R/O NO. 3 PANERI P.S. PANERIHAT DIST. UDALGURI, BTR, ASSAM, PIN- 784523 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D P CHALIHA, MD. I AHMED,MR M RANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 23.04.2026 Heard Mr. D.P. Chaliha, learned Senior counsel appearing for the petitioner. Also heard Mr. K.K. Parasar learned Addl. P.P for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023, praying for Page No.# 2/3 granting pre arrest bail to the petitioner in connection with Tangla P.S. Case No.40/2025, under Section 318 (4)/ 316 (2)/ 336 (3)/ 340 (2) of BNS, 2023. 3. This Court had allowed the petitioner to appear before the investigating officer to have his statement recorded, and the petitioner has accordingly appeared before the I.O. and participated in the investigation. The case diary produced reveals that the electronic items of the petitioner, including the mobile phone and computer, were seized. 4. The learned Senior counsel has submitted that in view of the development in the case, the custodial interrogation of the petitioner at this stage may not be necessary. He has also submitted that based on a FIR lodged by some of the students, the petitioner had been arrested and produced before the learned remand Magistrate, where he had been granted bail on the basis of the interim protection granted to the petitioner by this Court. 5. Although the learned Addl. P.P. has objected to the grant of pre-arrest bail to the petitioner at this stage, this Court is of the opinion that the custodial interrogation of the petitioner at this stage would not be necessary since the material used to produce the alleged fake documents has already been seized, and his statement has already been recorded. 6. Accordingly, the interim bail granted to the petitioner on 19.12.2025 is made absolute subject to the conditions: (i) The petitioner shall appear before the I.O as and when required. (ii) The petitioner shall cooperate with the investigation of the case by Page No.# 3/3 supplying the I.O. with all required passwords and other information to continue the investigation of the electronic items seized from the petitioner. 8. This anticipatory bail application is disposed of. JUDGE Comparing Assistant