Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1622/2026 SARIF UDDIN S/O KABEJ UDDIN, RESIDENT OF VILLAGE SAGALCHARA PART-II, POLICE STATION DHUBRI, DISTRICT DHUBRI, ASSAM, PIN-783324. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : PP, ASSAM, MR. S H RAHMAN (FOR INFORMANT)
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER 21.08.2026
Heard Mr. S. Banik, learned senior counsel assisted by Mr. M. Ahmed,
learned counsel for the applicant; Mr. P. Borthakur, learned Additional Public Prosecutor for the State, being respondent No. 1; and Mr. S.H. Rahman, learned counsel for the respondent No. 2. 2. Apprehending arrest in connection with Dhubri PS Case No. 230/2026, under Section 85/74/115(2)/351(3)/3(5)/75/64(2)(f)/62 of the BNS, this application under Section 482 of the BNSS, is preferred by applicant namely,
Page No.# 2/3 Sarif Uddin, for grant of pre-arrest bail. 3. It is to be noted here that the above noted case has been registered on the basis of one FIR lodged by one Suhana Sultana (actual name withheld) on
20.06.2026. 3.1. The essence of allegation made in the FIR is that the applicant got married to one Hamidur Banik on 03.03.2020 and after the marriage, she found her husband involved in illegal drug trade and on several occasions, he brought drugs to their house and her father-in-law (Sarif Uddin) and mother-in-law (Hasimon Bibi) attempted to sexually harass her in his presence and subjected her to physical and mental torture since beginning and he repeatedly forced himself upon her and attempted to engage in sexual act against her will, at many times. 4. Mr. Banik, learned counsel appearing for the applicant, submits that this Court, vide order dated 05.08.2026, had granted interim protection to the applicant and pursuant to the said order, he had appeared before the IO and he has been cooperating with the investigating agency and that his statement has also been recorded. On such count, Mr. Banik has contended to make the interim order, dated 05.08.2026, absolute in the same terms and conditions. 5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, submits that though the case diary was called for, he has not received the same. But, as per his instruction, the IO has completed investigation and submitted charge- sheet, being Charge-Sheet No. 285/2026, dated 19.08.2026. 6. Accordingly, taking note of the submissions of learned counsel for both the parties and considering the fact that the charge-sheet has been submitted by the IO in this case, this Court is inclined to dispose of this application by
Page No.# 3/3 directing the applicant to appear before the learned trial court, within a period of two weeks from today and to apply for regular bail. 7. In the event of filing such an application, the learned trial court shall consider the same in accordance with law. 8.
Till then, the interim order, dated 05.08.2026, shall continue. JUDGE Comparing Assistant