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2026 DAILYLAW 15087 (GAU)

YASIN ALI v. THE STATE OF ASSAM

AB/2327/2026 · 2026-09-22

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/2 GAHC010200502026 2026:GAU-AS:14151 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2327/2026 YASIN ALI S/O- LT. ABDUL ALI R/O- VILL- KHETARCHAR, P.O. AND P.S - KHARUPETIA DIST.- DARRANG ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR M AHMED, MR. M I B MALIK,N. CHOUDHURY,MR A. ALI,A. K. KANU Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23.09.2026 Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard the learned Additional Public Prosecutor appearing for the State. By this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Yasin Ali, has prayed for grant of pre-arrest bail in connection with Kharupetia P.S. Case No.92/2026 under Section 340(2) /336(3) /318(2)/ 316(5)/ Page No.# 2/2 316(2)/299/199/61(2) of BNS, R/W Sec 98(a) of Assam Police Act, 2007. As per allegation made in the FIR, one vehicle was shown to have been involved in an accident and on that basis FIR was lodged and subsequently, the Motor Accident Claim was also filed by one injured person as well as on behalf of another, who had allegedly died in the said accident. Case diary as called for has been received and it is submitted by the learned Additional Public Prosecutor that the petitioner was the purchaser of the vehicle from the original owner/co-accused of this case, but at the time of the accident, the vehicle was not registered in the name of the present petitioner. The learned counsel for the petitioner submits that the registered owner himself took zimma of the vehicle from police custody and the petitioner has been falsely implicated. It is also submitted that the co-accused of the case has already been granted pre-arrest bail. Having regard to the above, the prayer for pre-arrest bail of the petitioner is allowed. The petitioner, in the event of his arrest in connection with the aforesaid case, shall be released on pre-arrest bail on furnishing bail bond of Rs. 50,000/- with a surety for like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the I.O. within a period of 10 days from today. Anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant