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2026 DAILYLAW 15115 (GAU)

RAMJAN ALI v. THE STATE OF ASSAM

AB/2260/2026 · 2026-09-24

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010202852026 2026:GAU-AS:14341 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2260/2026 RAMJAN ALI S/O BARHAN ALI VILL BARDHAP, MERUATTARI PS MUKALMUA DIST. NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR TO THE GOVT. OF ASSAM Advocate for the Petitioner : MR. A M KHAN, S RAHMAN,MR S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 25.09.2026 Heard Mr. S. Islam, learned counsel for the applicant and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Mukalmua P.S. Case No. 140/2026, under Sections 319(2)/ 318(4)/ 308(6)/ 308(7)/ 317(4)/ 112/ 61(2) (a)/ 351(2)/ 351(3)/ 3(5)/ 3(6)/ 3(8)/ 3(9) of the BNS, this application under Section 482 of the BNSS, is preferred by applicant namely, Ramjan Ali for grant of pre-arrest bail. Page No.# 2/3 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR, lodged by SI Dipak Barkakati of Mukalmua Police Station, on 05.09.2026. 3.1. The essence of allegation made in the FIR dated 05.09.2026, is that one Ashik Ali; Iftikar Ali @ Xaru; Rubul Ali; Nazrul Ali; and others, functioning as a group and gang, in conspiracy with one another and with unknown others, in furtherance of common intention and common object, in the area around the precincts of Mukalmua Police Station, by deceit and personating as Advocates and Officials, extorting money and cheating public. They often, by stopping people near the police station, forced the parties to settle the dispute and thereby they obtained money from them and also threatened them for false criminal prosecution. 4. Mr. Islam, learned counsel for the applicant, submits that the name of the present applicant find no mention in the FIR and that he is being searched by police and therefore, he apprehends that he may be arrested in this case. Mr. Islam further submits that he is no way involved with the offence alleged in the FIR and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition. 5. Per-contra, by producing the case diary before this Court, Mr. Sarma, learned Additional Public Prosecutor, submits that the materials collected so far in the case diary show complicity of the present applicant with the offence alleged in the FIR. He further submits that the investigation is still going on and his custodial interrogation is necessary in the interest of investigation and therefore, he has contended to dismiss the petition. 6. Having heard the submission of learned Advocates of both sides, this Court has carefully gone through the petition as well as the documents placed on record Page No.# 3/3 and also perused the case diary with the assistance learned Additional Public Prosecutor. 7. It appears that the IO has collected sufficient incriminating materials against the present applicant. As such, his custodial interrogation seems to be indispensible in the interest of investigation and therefore, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be extended to the applicant and therefore, the same is dismissed. 8. Case diary be returned. 9. The applicant shall surrender before the IO within a period of one week from today. JUDGE Comparing Assistant