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2026 DAILYLAW 11488 (GAU)

MD MUBARAK ALI AND ANR v. THE STATE OF ASSAM AND ANR

AB/1506/2026 · 2026-07-30

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010133422026 2026:GAU-AS:10578 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1506/2026 MD MUBARAK ALI AND ANR SON OF LATE ABDUL AZAD, RESIDENT OF VILLAGE GORBHITOR, POLICE STATION- BISWANATH CHARIALI, DISTRICT- BISWANATH (ASSAM), PIN 784176. 2: ISRAIL KHAN SON OF ABDUL GANI KHAN RESIDENT OF VILLAGE GORBHITOR (PART) POLICE STATION BISWANATH CHARIALI DISTRICT- BISWANATH (ASSAM) PIN- 784176 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:KARIMULLAH SON OF KALAKATI RESIDENT OF VILLAGE- KALAKATI POLICE STATION SOOTEA DISTRICT- BISWANATH (ASSAM) PIN- 784175 Advocate for the Petitioner : MR. A CHOUDHURY, MS. A KAUSHAR,MR S ISLAM Advocate for the Respondent : PP, ASSAM, J N KHANDAKAR(R2),MR. J AHMED(R2) Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 31.07.2026 Heard Mr. S. Islam, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam. Upon perusal of the scanned copy of the TCR, it appears that the full statement of the victim recorded by the Magistrate and also the statement of the victim recorded by the police is missing. Learned counsel for the petitioner submits that the petitioner shall appear before the learned trial Court and file appropriate application and seeks some protection till then. Accordingly, this petition is disposed of with the observation that the petitioner shall appear before the learned Trial Court on the next date fixed i.e. 05.08.2026 and in the event of filing any application the same shall be disposed of as per law. Till 05.08.2026, or till the appearance of the petitioner, whichever is earlier, it is provided that the petitioners, namely, Md. Mubarak Ali and Israil Khan shall not be arrested in connection with the Biswanath Chariali Police Station Case No. 154/2024 registered under Sections 87/64(1)/316(2) of BNS, 2023 read with Section 4 of the POCSO Act, 2012. Accordingly, this Anticipatory Bail petition is disposed of. JUDGE Comparing Assistant