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2026 DAILYLAW 14869 (GAU)

EUSUF ALI v. THE STATE OF ASSAM

AB/2200/2026 · 2026-09-10

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010196742026 2026:GAU-AS:13323 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2200/2026 EUSUF ALI S/O LATE SIDDIK ALI, R/O VILLAGE KOWARPUR, P.S. HAJO, DISTRICT KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, N PERVIN,MR. MUSTAFA HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.09.2026 Heard Mr R Ali, learned counsel for the petitioner and Mr R J Baruah, learned Additional Public Prosecutor. 2. By this application the petitioner has prayed for pre-arrest bail in connection with Hajo PS Case No. 415/2026, registered under Sections 62/63/74 and 3(5) of the BNS, Page No.# 2/3 2023. 3. The First Information Report in connection with which the petitioner is apprehending his arrest, was lodged on 20.08.2026, by the alleged victim herself, stating that her husband used to stay out of his home, due to his profession and taking advantage of the said absence, the petitioner who is her father-in-law, developed physical relationship with her on several times. She further stated that the matter was settled by the villagers and that on the date of occurrence the petitioner had again tried to develop physical relationship with her, but somehow she could save herself and went to her parents’ place. She also alleged that the petitioner had demanded money from her. 4. Mr Ali, learned counsel for the petitioner submits that the story narrated in the FIR is a concocted story and that both the victim and her husband were minor and they got married without the consent of the family members of the husband and as such, allegations were made against the father-in-law and others. 5. Mr R J Baruah, learned Additional Public Prosecutor, however, submits that the Case Diary be called in order to see the complicity of the petitioner in the said alleged offence 6. Upon consideration of the submissions made by the learned counsels for all the parties, more so, in view of the fact that the victim did not file any FIR on the earlier incidents that she has alleged, this Court deems it fit enlarge the petitioner on pre-arrest bail on furnishing a bail bond of Rs. 20,000/-, with one local surety of the like amount, Page No.# 3/3 to the satisfaction of the arresting authority, under the following conditions:- i) the petitioner shall appear before the Investigating Officer within 10 (ten) days from the date of the order and should cooperate with the investigation; 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 their residence without prior permission of the Investigating Officer. 7. Bail Application stands disposed of. JUDGE Comparing Assistant