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2026 DAILYLAW 11639 (GAU)

RUHUL UDDIN AND 2 ORS v. THE STATE OF ASSAM

AB/1747/2026 · 2026-08-02

Kaushik Goswami

body2026

Judgment text

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Page No.# 1/3 GAHC010156192026 2026:GAU-AS:10643 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1747/2026 RUHUL UDDIN AND 2 ORS S/O - GIYASUDDIN ALI. 2: SAHARUL ALI S/O - GIYASUDDIN ALI. 3: ARFIN BEGUM W/O - RUHUL UDDIN ALL ARE RESIDENTS OF VILLAGE PADMAPUR MUSLIM GAON P.O- LALUK P.S. LALUK DISTRICT LAKHIMPUR PIN -784160 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. P SAHARIA, LEGAL AID COUNSEL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 03.08.2026 Heard Ms. P Saharia, learned legal aid counsel for the applicants. Also heard Ms. B Bhuyan, learned Senior counsel/Additional Public Prosecutor assisted by Ms. R Saloi, learned counsel appearing for the State. This is an application under Section 482 of the BNSS, 2023 seeking pre-arrest bail to the applicants, namely, (i) Ruhul Uddin; (ii) Saharul Ali and (iii) Arfin Begum, who are apprehending arrest in connection with Laluk Police Station Case No. 163/2025 registered under Sections 109(1)/118(2)/126(2)/3(5) of BNS, 2023 corresponding to GR No. 758/2025, subsequently registered as PRC Case No. 554/2025. The brief facts of the prosecution case are that, on 18.08.2025, one Dalim Ali lodged a written Ejahar before the Officer-in-Charge, Laluk Police Station, alleging, inter alia, that on 04.08.2025, at about 7:30 a.m., an altercation ensued between the informant and the accused applicant along with two other persons over the alleged uprooting of the boundary fence of the informant’s land. It is alleged that thereafter, when the informant left his residence on his motorcycle for some urgent work, the accused persons started shouting, whereupon he returned to his house. At that time, the accused persons allegedly followed him from behind and assaulted him with a sharp weapon, inflicting a blow on his head with the intention to kill him. It is further alleged that when the informant’s mother came forward to rescue him, the accused persons also assaulted her with a sharp weapon, causing grievous injuries. Both the informant and his mother were thereafter admitted to a nearby hospital for medical treatment. It appears that after completion of the investigation, charge-sheet has been filed vide Charge-Sheet No. 163/2025 dated 25.09.2025. Ms. P Saharia, learned legal aid counsel for the applicants undertakes that the Page No.# 3/3 applicants shall surrender before the learned Trial Court. Upon hearing the learned counsel for the parties and upon perusal of the materials available on record, and having regard to the totality of the facts and circumstances of the case, this Court is of the considered view that the present application for pre-arrest bail can be disposed of by directing the applicants, named above, to appear and surrender before the learned Trial Court within a period of two weeks from today. In the event of such surrender, the learned Trial Court shall consider and dispose of their prayer for bail, strictly in accordance with law and on its own merits, without being influenced by any observation made in this order. It is further directed that, until the expiry of the aforesaid period of two weeks or till the applicants surrender before the learned Trial Court, whichever is earlier, no coercive action shall be taken against them in connection with the case in question. In the event the applicants fail to surrender within the stipulated period, this interim protection shall automatically stand vacated without any further reference to this Court. With the above observation and direction, this pre-arrest bail application stands disposed of. Copy of this order be furnished to the learned legal aid counsel for the applicants for her onward communication. JUDGE Comparing Assistant Pranab Kumar Deka Digitally signed by Pranab Kumar Deka Date: 2026.08.03 17:07:29 +05'30'