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2026 DAILYLAW 10440 (GAU)

Jaher Ali Alias Jahangir, S/o. LT. Romjan Ali v. State of Assam, Rep By The Pp. Assam

2026-04-08

Sanjeev Kumar Sharma

body2026
JUDGMENT : SANJEEV KUMAR SHARMA, J. Heard Mr. M. Khan, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned APP for the State. 2. This is an application under Section 482 of the BNSS, 2023 seeking grant of pre-arrest bail to the petitioners in connection with Bongaigaon P.S. Case No. 14/2026 registered under Sections 140(2)/310(2)/119(2)/351(2)/121(2)/324(5)/61(2) of the BNS, 2023. 3. On 28.01.2026, one Roshidul Sheikh lodged an FIR alleging inter-alia that on 27.01.2026 at 6.30 pm when he was returning from market the FIR named accused No.1 with the help of other accused hold him and tied his hand and locked inside the house of the accused No.1 and thereafter tortured him with rod, lathi and snatched out his mobile phone and cash Rs.1,50,000/- (One lakh fifty thousand) and after setting information when his wife and other reached there to recover him, they were also assaulted and demanded Rs.5,00,000/- (Five Lakhs) to release him and thereafter police was informed and then the police recovered him and while recovering him the police were also subjected to misbehaviour and broken the glasses of the vehicle of the police causing certain injury to the police. Accordingly, Bongaigaon P.S. Case No. 14/2026 registered under section 140(2)/310(2)/119(2)/351(2)/ 121(2)/324(5)/61(2) of the BNS, 2023. 4. The learned counsel for the petitioners submits that the alleged victim was caught red-handed while sexually assaulting the minor daughter of a family member of the accused persons. Thereafter, he was assaulted by neighbouring people who gathered at the house of the petitioners. It is further submitted that upon arrival of the police, the gathered crowd misbehaved with them; however, the present petitioners were not involved in such acts. The allegations of assault on police personnel or snatching of arms and weapons are specifically denied. 5. It is also submitted that petitioner No. 1 is not named in the FIR, petitioner No. 4 is a woman, and several family members of the petitioners have already been arrested. 6. On the other hand, learned APP, upon perusal of the case diary, submits that there are sufficient materials against the petitioners. 7. This Court has perused the case diary, including the injury report, which indicates only simple injuries. It is also noted that the alleged victim was found in the house of the petitioners. 6. On the other hand, learned APP, upon perusal of the case diary, submits that there are sufficient materials against the petitioners. 7. This Court has perused the case diary, including the injury report, which indicates only simple injuries. It is also noted that the alleged victim was found in the house of the petitioners. In connection with the same incident, another FIR was lodged by the victim, namely Rashidul Sheikh, resulting in registration of Bongaigaon P.S. Case No. 14/2026 under Sections 140(2)/310(2)/119(2)/351(2)/121(2)/324(5)/61(2) of the BNS, 2023. 8. In the said FIR, it has been alleged that on 27.01.2026, the accused persons forcibly took the informant to the house of Jaher Ali @ Jahangir and brutally tortured him with rods and lathis. However, the medical report does not substantiate the said allegations. 9. In addition, the allegation of a brutal assault using an iron rod, lathi, etc., is not supported by the medical report. It further appears that the present FIR is the second FIR in respect of the same incident, which is prima facie not maintainable. 10. Having regard to the above facts and circumstances, this Court is of the opinion that custodial interrogation of the petitioners does not appear to be necessary. 11. Accordingly, the prayer for pre-arrest bail is allowed. The petitioners, namely Jaher Ali @ Jahangir, Ahidul Sheikh, Sajidul Sheikh @ Sajidul Sheikh and Arjina Begum, shall be released on pre-arrest bail on furnishing a bail bond of Rs. 50,000/- each with one surety of like amount to the satisfaction of the arresting authority, in the event of their arrest in connection with the aforesaid case. 12. It is further directed that the petitioners shall cooperate with the investigation and shall not, directly or indirectly, intimidate or influence any witnesses. 13. The application stands allowed accordingly.