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2026 DAILYLAW 1505 (GAU)

RAMJAN ALI AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./24/2026 · 2026-02-03

Pranjal Das

body2026

Judgment text

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Page No.# 1/4 GAHC010000272026 2026:GAU-AS:1479 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./24/2026 RAMJAN ALI AND 2 ORS. SON OF LATE KHABIR ALI, R/O 1 NO. NIZARAPAR, P.S.- NOONMATI, DIST.- KAMRUP (M), ASSAM M/NO. 7636955396 M/NO. 7086599243 M/NO. 9435933247 2: MD SAFIKUL ALI ALIAS SAFIQUL ALI SON OF LATE KHABIR ALI R/O 1 NO. NIZARAPAR P.S.- NOONMATI DIST.- KAMRUP (M) ASSAM M/NO. 7636955396 M/NO. 7086599243 M/NO. 9435933247 3: MD RAHIM ALI ALIAS RAHIM ALI SON OF LATE KHABIR ALI R/O 1 NO. NIZARAPAR P.S.- NOONMATI DIST.- KAMRUP (M) ASSAM M/NO. 7636955396 M/NO. 7086599243 M/NO. 943593324 Page No.# 2/4 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR A H AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 04.02.2026 1. Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. By this petition under Section 483 BNSS, the accused- petitioners, namely, (1) Ramjan Ali, and (2) Md. Safikul Ali @ Safiqul Ali and (3) Md. Rahim Ali @ Rahim Ali who were arrested on 05.12.2025 in connection with Noonmati PS Case No. 228/2025 corresponding to G.R. No. 5692/2025 registered under Sections 126(2)/117(2)/ 74/76/109(1)/3(5) of the BNS, 2023. 3. As per the allegations contained in the FIR, accused persons along with other co-accused assaulted the informant and his wife on 04.12.2025 and it is specifically alleged that accused Ramjan Ali assaulted the informant with a helmet and tore the clothes of his wife. Thereafter, the informant and his wife were tied to a road-side Page No.# 3/4 post and accused Ramjan Ali inflicted a blow on the head of the informant’s wife with an iron Belsa as a result of which the wife of the informant sustained grievous injuries and had to be admitted in the ICU in critical condition. 4. Out of the three petitioners herein, the petitioners namely, Ramjan Ali and Md. Safikul Ali @ Safiqul Ali were granted interim bail on 08.01.2026 on some aspect of parity with regard to interim bail granted to two co-accused. However, the said interim bail was granted in a pre-arrest bail application. 5. Mr. Choudhury, learned counsel for the petitioner fairly submits that perhaps the interim bail was meant to be granted to Md. Safikul Ali @ Safiqul Ali and Md. Rahim Ali @ Rahim Ali i.e. petitioner no.2 and 3, herein. 6. Nevertheless, it is submitted that after being granted bail, they have not violated any bail conditions and prays for making the interim bail absolute. 7. Case diary is received. 8. Apart from the bail objection, strongly contended for rejection of bail by the I.O, it is also submitted by the learned Public Prosecutor that though investigation has stated about all the accused persons asssaulting but the main implications about assault is against Ramjan Ali. 9. It is also submitted that the materials are found that both the husband (informant) and wife, who are the victims sustained grievous injuries. Page No.# 4/4 10. In my considered opinion, given the above facts and circumstances, it may not be prudent to grant bail to Ramjan Ali at this stage. Accordingly, his interim bail is vacated and his bail petition is rejected. He shall surrender before the learned court below within 7 (seven) days. 11. However, the interim bail granted to petitioner no.2 i.e. Md. Safikul Ali @ Safiqul Ali is hereby made absolute and further, petitioner no.3, namely, Md. Rahim Ali @ Rahim Ali is allowed to go on bail of Rs.25,000/- (Rupees twenty five Thousand) only with one surety of like amount subject to the satisfaction of the concerned learned court. 12. The following bail conditions imposed for both of them : i) They shall cooperate with the remaining investigation; ii) They shall not hamper or tamper with the evidence; iii) They shall not intimidate or harm the informant/victim in any manner; iv) They shall not misuse their liberty to commit any illegal activities and offence; 13. Return back the case diary. 14. Accordingly, the bail application stands partly allowed on the aforesaid terms. JUDGE Comparing Assistant