Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010188662026
2026:GAU-AS:13647
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2109/2026 IMRAN ALI S/O AKASH ALI, R/O DHARAMNALA, P.S DIPHU, DISTRICT KARBI ANGLONG, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. S MUNIR, S KHATOON Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 15.09.2026 Heard Mr. S. Munir, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Diphu PS Case No. 75/2026, under Sections 126(2)/ 117(2)/ 109/303(2)/3(5) of the BNS, 2023. Page No.# 2/3
3. The First Information Report in connection with which the petitioner is apprehending arrest, was lodged on 19.08.2026, by the informant stating inter alia, that when he went to the market on 18th of August, 2026, at around 10:30 pm, the petitioner along with others assaulted him from behind and threw him in the river. It was further stated that the informant asked for help from the shopkeeper, but the shopkeeper did not help him. It was also stated that he discovered that his wallet and mobile phone were missing. 4. The learned counsel for the petitioner submits that the story narrated in the FIR is a concocted story and he states that the informant had actually gone to a shop to get a bottle of water and when the shopkeeper did not give him as he was closing the shop, there was a tussle between the informant and the shopkeeper and that the petitioner interfered in the said tussle. 5. Mr B Sarma, the learned Additional Public Prosecutor for the State, however, submits on perusal of the Case Diary that injuries were found on the body of the informant and that the informant had stated clearly that he was assaulted by the petitioner. The learned Additional Public Prosecutor has also placed the statement of the shopkeeper, who had stated that the informant came to his shop to take a bottle of water and when he gave him the petitioner and others have attacked. 6.
Upon consideration of the submissions made by the learned counsel, more so, in view of the fact that there was a tussle between two groups and that the injuries are sustained by both the groups, this Court deems it fit that the petitioner be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/-, with one local surety each to the satisfaction of the arresting authority, under the following conditions:-
Page No.# 3/3 i) the petitioner shall appear before the Investigating Officer within 10 (ten) days from the date of the order; ii) the petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and iii) the petitioner shall not leave his residence without prior permission of the Investigating Officer. 7. Bail Application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant