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2026 DAILYLAW 12088 (GAU)

NUR ISLAM AND ANR v. THE STATE OF ASSAM

AB/1937/2026 · 2026-08-19

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010174502026 2026:GAU-AS:11917 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1937/2026 NUR ISLAM AND ANR S/O-SOMER ALI 2: SOMER ALI S/O LATE FORMAN ALI BOTH ARE RESIDENT OF VILI HAJUARCHAR PART-III PS CHUNARI DIST GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR TO THE GOVT. OF ASSAM. Advocate for the Petitioner : MR. A M KHAN, R. ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 20.08.2026 Heard Mr. A. M. Khan, learned counsel for the accused applicants. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused applicants in connection with Chunari P.S. Case No. 05/2026, registered under Sections 74/75/127(2)/62/351(2)/296/3(5) of the BNS, 2023. 3. An FIR was lodged on 12.07.2026, by one Jabed Ali before the Officer-in- Charge, Chunari Police Station, alleging, inter alia, that on 09.07.2026, at about 1:00 p.m., when the informant’s wife had gone to the field for grazing cattle, the accused No.1, namely, Nur Hussain, allegedly came from behind, caught hold of the informant’s wife, closed her mouth and dragged her inside a jute field with an intention to commit an illegal act. The informant’s wife raised an alarm, pursuant to which, the informant, along with Hashem Ali and Kamal Sheikh, proceeded to the place of occurrence and rescued her from the accused. The accused allegedly fled from the place. It is further alleged that subsequently, when the informant and others went to the house of the accused No.1, the family members including the accused Nos.1, 2 and 3 allegedly abused them. 4. On receipt of the FIR, the police registered Chunari P.S. Case No. 05/2026 under the aforementioned Sections. 5. Taking into account the entirety of the facts and after hearing the learned counsel for the parties, this Court is of the considered opinion that the accused applicants should be granted pre-arrest bail at this stage. 6. Accordingly, it is directed that in the event of arrest of the accused applicants by the Arresting Authority in connection with Chunari P.S. Case No. 05/2026, they shall be released on pre-arrest bail on furnishing a bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each, with one surety of like nature to the satisfaction of the Arresting Authority, subject to the following conditions: Page No.# 3/3 i. That the accused applicants shall appear before the I.O. of the case within a period of 10(ten) days from today; ii. That the accused applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Authority; iii. That the accused applicants shall cooperate with the investigation and make themselves available as and when called for; and iv. That the accused applicants shall not try to hamper or tamper with the investigation in any manner whatsoever. 7. In terms of the aforesaid directions, the instant anticipatory bail application stands disposed of. JUDGE Comparing Assistant