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2026 DAILYLAW 13781 (GAU)

ZAKIR HUSSAIN AND 3 ORS v. THE STATE OF ASSAM

AB/2126/2026 · 2026-09-06

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010191902026 2026:GAU-AS:12919 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2126/2026 ZAKIR HUSSAIN AND 3 ORS SO ALIMADDIN ,RO KANUAMARI , PS SAMAGURI , DIST NAGAON ,ASSAM 2: RIBUL HUSSAIN SO ZAKIR HUSSAIN RO KANUAMARI PS SAMAGURI DIST NAGAON ASSAM 3: RESHMA KHATUN DO ZAKIR HUSSAIN RO KANUAMARI PS SAMAGURI DIST NAGAON ASSAM 4: SULEMA KHATUN WO ZAKIR HUSSAIN RO KANUAMARI PS SAMAGURI DIST NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. J JAKARIA,MR. MD IMDAD,MD IMRAN,MD R ISLAM,MS F HUSSAIN Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 07.09.2026 Heard Mr. S.M. Abdullah P, learned counsel for the accused/applicants. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 482 BNSS, 2023, praying for pre- arrest bail in connection with Rupahihat P.S. Case No. 227/2026 under Section 137(2)/87/127(2)/79/3(5) of BNS, 2023. 3. The FIR was lodged by the informant before the Officer-in-Charge of Ambagan police out post alleging that on 21.07.2026, the accused person namely, Tanjil Hussain after enticing her daughter had taken her from the informant’s house with a promise of marriage; after inquiry, the informant came to know that the accused persons had confined her daughter in their house; when the informant went to their house, the accused/applicants refused to let her go and abused her by using obscene languages. 4. On receipt of the FIR, the police registered a case as Rupahihat P.S. Case No. 227/2026. 5. The learned counsel appearing for the accused/applicants submits that the main accused in the instant, i.e., Tanjil Hussain has been granted bail by this Court, vide order dated 19.08.2026. He further submits that the present accused/applicants are in fact relatives of the aforesaid accused, namely, Tanjil Hussain and the accused/applicants had kept the informant's daughter one Page No.# 3/3 night in their residence. The learned counsel submits that the accused/applicants are not connected to any offence as alleged in the FIR. However, they are apprehending arrest as the main accused namely, Tanjil Hussain stayed with the informant’s daughter in the accused/applicants’ house for one night. 6. Taking into account the submissions made by learned counsel and the allegations made in the FIR, this Court is of the considered opinion that the accused/applicants should be granted pre-arrest bail. 7. Accordingly, it is directed that in the event of arrest of the accused/applicants in connection with Rupahihat P.S. Case No. 227/2026, the accused/applicants shall be granted pre-arrest bail on furnishing of bail bond of Rs.20,000/- (Rupees Twenty Thousand Only) each with a surety of like amount to the satisfaction of arresting authority subject to following condition(s) – (i) The accused/applicants shall appear before the investigating officer within a period of 10(ten) days from today; (ii) The accused/applicants shall cooperate with the investigation and make themselves available as when called for; and (iii) The accused/applicants shall not hamper or tamper with the police investigation, in whatsoever manner. 8. In terms of the above, the bail applicant stands disposed of. JUDGE Comparing Assistant