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2026 DAILYLAW 14228 (GAU)

KHAIRUL ISLAM v. THE STATE OF ASSAM

AB/2201/2026 · 2026-09-10

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010198752026 2026:GAU-AS:13324 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2201/2026 KHAIRUL ISLAM S/O ASHAK ALI, R/O DEURIKUCHI, P.S. BARPETA, DISTRICT BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, PRABHAT DAS,MR N ISLAM,MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.09.2026 1. Heard Mr. F. Haque, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for grant of pre-arrest bail in connection with Hatigaon P.S. Case No. 142/2026 registered under Sections 319(2)/126(2)/308(2)/3(5) of the BNS, 2023. Page No.# 2/3 3. The FIR, in connection with which the petitioner apprehends arrest was lodged by the victim himself stating inter alia that on 14.07.2026 at around 4:00 p.m. when he went to a tyre shop to purchase tyres, five young persons introducing themselves as police personnel surrounded him and by threatening him snatched a sum of Rs.9,500/-. They also forcibly took his ATM card and withdrew a sum of Rs.15,000/- there from. The accused persons thereafter fled from the place of occurrence. 4. The learned counsel appearing for the petitioner submits that the allegations narrated in the FIR are concocted. He submits that the informant had taken a loan from the petitioner and others and that when the petitioner and others approached the informant for repayment of the said loan a tussle ensued between them. 5. Mr. B. Sharma, learned APP appearing for the State of Assam submits that force was used upon the victim and money was taken from him as alleged in the FIR. 6. Upon consideration of the submissions made by the learned counsel appearing for the petitioner, more so in view of the fact that the informant did not raise any hue and cry during the alleged incident, this Court deems it fit to release the petitioner on pre-arrest bail on 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 within a period of 10 days from today and corporate with the investigation without any failure, Page No.# 3/3 (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