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2026 DAILYLAW 11403 (GAU)

ASHIQUE ULLAH v. STATE OF ASSAM

AB/1233/2026 · 2026-07-28

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010114902026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1233/2026 ASHIQUE ULLAH SON OF SAIDUR RAHMAN RESIDENT OF PUB BHERBHERI, DHUPAGURI DIST- NAGAON, ASSAM. P.S- BATADRABA VERSUS STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. B HALDAR, MS S. BASAK,MR B KARDONG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.07.2026 Heard Mr. B. Haldar, learned Counsel for the petitioner as well Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Juria Case No. 137/2026 registered under Section Page No.# 2/3 318(2)/127(2)/308(2)/118(2)/3(5) of the BNS, 2023. The FIR in connection with which the petitioner was arrayed as an accused person was lodged by the father of a victim stating inter alia that his son was in Rehab Center and that the accused person no.1 had beaten up his son and had caused grievous hurt on his person. It was stated in the FIR that other persons wherein the name of the petitioner figured is also the owner of the said rehab center. However, the learned Counsel for the petitioner submits that the allegations were mainly against the accused no.1 in the said FIR and that the petitioner was a trustee of the said Rehab Center and no allegation is made against the petitioner in the FIR. 3. Mr. B. Sharma, learned Additional Public Prosecutor for the State submits that although the accused person no.1 is the main perpetrator of the offence but petitioner, who is also stated to be the co-owner of the said Rehab Center has also contributed to the said offence and common intention on the part of the accused person was seen in the instant case. 4. Upon consideration of the submissions made by the learned Counsels, more so, in view of the fact that no overt act is attributed to the petitioner in respect of the offence at hand, this Court finds it fit to enlarge the petitioner on pre-arrest bail on furnishing of bail bond of Rs. 30,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority under the following conditions: i) the petitioner will appear before the Investigating Officer within seven days from the date of receipt of this order. ii) the petitioner will not hamper, tamper with the evidence, neither Page No.# 3/3 influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. 5. Petition is disposed of. JUDGE Comparing Assistant