KULCHUM BIBI @ KULCHAN BIBI AND 3 ORS. v. THE STATE OF ASSAM
AB/760/2026 · 2026-07-27
Sanjeev Kumar Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11308 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11308 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010071582026
2026:GAU-AS:10330
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/760/2026 KULCHUM BIBI @ KULCHAN BIBI AND 3 ORS. WIFE OF- ATOWAR RAHMAN, RESIDENT OF VILL.- BHODEYAGURI (BHOTGAON), P.S.- KOKRAJHAR, DISTRICT-KOKRAJHAR, ASSAM. PIN-
783370. 2: AHILA BEWA DAUGHTER OF- LATE AHALU SK RESIDENT OF VILL.- BAGHMARI P.S.- SAPOTGRAM DISTRICT- DHUBRI ASSAM. PIN-783348. 3: GIAS UDDIN SON OF- LATE NUR UDDIN RESIDENT OF VILL.- BOALKAMURI PART- II P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM. PIN- 783348. 4: ABDUL AZIZ @ ABDUL AZIZ AHMED SON OF- GIAS UDDIN RESIDENT OF VILL.- BOALKAMURI PART- II P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM. PIN-78334 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A ISLAM, MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM,
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BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER 28-07-20
26 Heard Mr. L R Mazumder, learned counsel for the petitioner. Also heard Mr. R J Baruah, learned Addl. PP for the State of Assam. 2. This is an application filed under Section 482 BNSS, 2023 praying for granting of pre-arrest bail to the petitioners, namely (i) Kulchum Bibi @ Kulchan Bibi; (ii) Ahila Bewa; (iii) Gias uddin and (iv) Abdul Aziz @ Abdul Aziz Ahmed in connection with Bilasipara P.S. Case No. 51/2026 corresponding to GR No. 83/2026 under Section 120(B)/420/468/471 of IPC. 3. The allegations against the present petitioner Nos. 1 & 2 is that they have fraudulently affixed a forged thumb impression of the deceased father of the informant and fabricated an NOC on the basis of which they mutated the land of the father of the informant in their own names. 4. The learned counsel for the petitioner has submitted that the land was in question purchased by way of sale deed which has been annexed in the instant bail application. 5. The case diary as called for has been received. 6. The copy of the NOC in question is also available in the case diary, where the thumb impression of deceased Jhumur Ali Sheik is present, although he had
Page No.# 3/4 admittedly expired before execution of the said NOC. The said NOC was apparently used in obtaining the sale permission from the district authorities. The transfer of the land, however, took place by way of a registered sale deed. 7.
It is stated in the bail objection that from the statement of the Notary, it is reveal that one Advocate, Abdul Karim brought the parties to her and identified one person as Jumur Ali and in course of investigation, it has been learnt that NOC was submitted by the accused persons in the Sewa Setu Portal for obtaining land sale permission which indicates that the accused persons created a forged NOC, but the original NOC has not been submitted and the Circle Office of Bilasipara has stated that same is with the accused persons, who have not produced the original NOC so far. A similar offence is also registered as Bilasipara P.S. Case No. 67/2026. 8. From the materials available in the case diary, it appears that the petitioner No. (iv) Abdul Aziz @ Abdul Aziz Ahmed alone carried out all matters related to the land sale permission, including obtaining of the NOC and the I.O. has also sought for the custodial interrogation of the said petitioner Abdul Aziz @ Abdul Aziz Ahmed. 9. Having regard to the above, the prayer for pre arrest bail in respect of the petitioner Nos. (i) Kulchum Bibi @ Kulchan Bibi; (ii) Ahila Bewa; (iii) Gias uddin are allowed and the order of interim pre-arrest bail dated 07.06.2026 in respect of the aforesaid petitioners is hereby made absolute on the same terms and conditions. 10. Further, the prayer for pre-arrest bail in respect of petitioner No. (iv) Abdul Aziz @ Abdul Aziz Ahmed stands rejected. 11. With the above observations, this pre-arrest bail application is disposed of. Page No.# 4/4
12. Return the case diary. JUDGE Comparing Assistant