Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010192862026
2026:GAU-AS:13144
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2152/2026 ASHIF ALI SON OF AZIZUR RAHMAN, R/O- N. NO. 30, PROGOTI PATH NOTBOMA, PROGOTINAGAR, P.O AND PS. HATIGAON, DIST.- KAMRUP ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S H ZAMAN,MR. S. ALOM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 09.09.2026
1. Heard Mr. M.A.I. Hussain, learned counsel appearing for the petitioner. Also heard Ms. S.H. Borah, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Basistha P.S. Case No. 326/2026 registered under Sections 281/324(4)
Page No.# 2/3 (5)/117(2)/296/109(1)/3(5) of the BNS. 3. The FIR in connection with which the petitioner apprehends arrest was lodged on 25.08.2026 by the informant who inter alia stated that his son was driving his vehicle and that both of them were proceeding towards their residence at Kahilipara. On the way, another vehicle allegedly overtook and hit their vehicle. When they attempted to stop the said vehicle it sped away. It was further alleged that the informant chased the said vehicle and intercepted it at some distance whereupon the driver and the passenger of the vehicle came out and assaulted the informant's son. It was also alleged that the petitioner called another person who thereafter also assaulted the informant's son. 4. The learned counsel appearing for the petitioner submits that the petitioner was present in the said vehicle and that after the vehicle was chased and intercepted by the informant and his son a tussle ensued between the parties during which both sides sustained injuries. 5. Ms. S.H. Borah, learned APP appearing for the State of Assam submits that the FIR clearly reveals that the driver and the passenger of the vehicle had assaulted the informant's son and caused him injuries. 6.
On consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that no specific overt act has been attributed to either the driver or the passenger in the said FIR, this Court deems it fit to enlarge the petitioner on pre-arrest bail upon furnishing a bail bond of Rs.20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority subject to the following conditions: (i) The petitioner shall positively appear before the Investigating Officer
Page No.# 3/3 within a period of 10 days from today and corporate with the investigation without any failure, (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave his residence without prior permission of the Investigating Officer. 7. Accordingly, this Anticipatory Bail application is disposed of. JUDGE Comparing Assistant