Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 12123 (GAU)

SAJAHAN ALI AND ANR v. THE STATE OF ASSAM

AB/1951/2026 · 2026-08-20

Anjan Moni Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010175872026 2026:GAU-AS:12012 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1951/2026 SAJAHAN ALI AND ANR S/O LATE HAZRAT ALI VILLAGE NEPALPARA, P S KAJALGAON, DISTRICT CHIRANG BTC ASSAM 2: MOMIR KHATUN @ MOMIRON NESSA W/O SAJAHAN ALI VILLAGE NEPALPARA P S KAJALGAON DISTRICT CHIRANG BTC ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M AHMED, B DAS,MRS S RAHANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 21-08-2026 Heard Mr. A.M. Ahmed, the learned counsel appearing for the accused- applicants. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor Page No.# 2/3 for the respondent State. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicants in connection with Kajalgaon Police Station Case No. 116/2026 under Sections 329(4)/117/118(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 02.07.2026, by one Saijuddin before the Officer-In- Charge of Kajalgaon Police Station, alleging, inter-alia that the accused- applicants had entered his house and physically assaulted him and his wife with wooden stick. It is also alleged that the accused-applicants tried to outrage the modesty of his wife. It is alleged that the assault occurred due to his wife’s prevention of accused No.1’s cattle to enter his paddy field. 4. On receipt of the FIR, the Police registered Kajalgaon Police Station Case No. 116/2026 under the aforementioned Sections. 5. Mr. A.M. Ahmed, the learned counsel appearing for the accused-applicants submits that the accused-applicants were not involved in the allegation as made in the FIR. He submits that there are some disputes regarding the cattle field and therefore, the informant has filed the FIR falsely against the accused- applicants. 6. Taking into account the nature of allegation and the submissions made by the learned counsel appearing for the respective parties, this Court is of the considered opinion that the accused-applicants should be granted pre-arrest Page No.# 3/3 bail. Accordingly, it is directed that in the event of arrest of the accused- applicants by the Investigating Authority in connection with Kajalgaon Police Station Case No. 116/2026, the accused-applicants shall be released on pre- arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with suitable sureties of like nature to the satisfaction of the arresting authority subject to the following conditions:- (i) The accused-applicants shall appear before the Investigating Officer within a period of 7 (seven) days from today. (ii) The accused-applicants shall cooperate with the investigation and shall make themselves available as and when required by the Investigating Officer. (iii) The accused-applicants shall not tamper and hamper with the investigation by influencing any witnesses in whatsoever manner. 7. In terms of the aforesaid, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant