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2026 DAILYLAW 14715 (GAU)

MD KARIM ALI, v. THE STATE OF ASSAM

AB/1314/2026 · 2026-09-14

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010121862026 2026:GAU-AS:13643 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1314/2026 MD KARIM ALI, S/O- HAJRAT ALI,RESIDENT Of BADAL PATHAR,P.S- GOHPUR, P.O.- ELLENGI SATRA,DIST-BISWANATH, ASSAM, PIN-784168. VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 15.09.2026 Heard Mr L Gogoi, learned counsel for the petitioner and 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 Gohpur PS Case No. 61/2026, registered under Sections 61(2)/318(4) of the BNS, 2023. 3. The First Information Report in connection with which the petitioner is Page No.# 2/3 apprehending arrest, was lodged on 14.05.2026, by the informant, stating inter alia, that he got phone calls from two numbers and also video call, wherein, the person on the other side had stated to him that his mother is seriously ill and his brother is also suffering and that he needs some money for treatment and in exchange thereof, he would give gold to the informant. On being satisfied, the informant gave Rs. 50,000/- through online transfer and that he went to the place of the person who called him and on reaching the house, he gave Rs. 5 lacs in presence of the owner of the house and in lieu of the said money, the accused person had handed over a piece of metal, seem to be gold, however, it is stated that the said accused person, on receiving the money fled from the spot and later on, it came to the knowledge of the informant that the gold was fake. The Police, on investigation has arrested the owner of the said house as well as his wife and upon interrogation, it was found out that the petitioner is involved in the offence. 4. The learned counsel for the petitioner submits that the petitioner’s name did not figure in the FIR and that money was not taken by him, but it was taken by someone else. 5. Mr B Sarma, however, submits on perusal of the Case Diary that the name of the petitioner surfaced during the interrogation of the owner of the house that he is involved in the offence of taking money. 6. Upon consideration of the submissions of the learned counsel appearing for the parties, more so, in view of the fact that the accused person, on receiving the money had immediately fled away from the scene by giving fake gold, this Court does not deem it fit to enlarge the petitioner on pre-arrest bail at this stage. Page No.# 3/3 7. Petition is as such, dismissed at this stage. 8. Send back the Case Diary. JUDGE Comparing Assistant