Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010205822026
2026:GAU-AS:14479
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2860/2026 RAJ ALI SON OF SIDDIQUE ALI RESIDENT OF NO 2 NAMONIGAON PO AND PS RANGAPARA DISTRICT SONITPUR ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR ASSAM Advocate for the Petitioner : MR. D K BAIDYA, P MAZUMDAR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER Date : 29.09.2026 Heard Mr. D K Baidya, learned Counsel for the Accused. Also heard Ms. A A Begum, Learned Additional Public Prosecutor appearing for the State Respondents and Ms. C Choudhury, Learned Counsel appearing on behalf of the Informant. Page No.# 2/4
2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, is preferred by accused Raj Ali, who is languishing in jail in connection with Rangapara P.S Case No. 64/2026 (GR 1274/2026) under Section 117(2)/109(1)/85 of the Bharatiya Nyaya Sanhita, 2023, since 05.09.2026. 3. It is to be noted here that the above noted case has been registered on the basis of an FIR lodged by one Saina Khatun on
04.09.2026. The essence of allegations against the accused Raj Ali is that he frequently subjected his wife, the informant, herein, and her 4 (four) years old daughter to mental and physical cruelty, and that he is involved in extra-marital relationships with several women from the Hindu community and he also attempted to destroy the evidence of assaulting her, and on 03.09.2026 at about 10:00 AM, he has allegedly kicked her and drove her out of his house, along with her minor girl and threatened to kill her if she returned to his house again. 4. The Learned Counsel for the Accused submits that the accused was arrested on 05.09.2026, and since then he has been languishing in jail hajot for last 42 (forty two) days and that the matter is between husband and wife and the wife has engaged Ms. C Choudhury, Learned Counsel in this case and the matter has also been settled amicably and in the meantime, charge-sheet has also been
Page No.# 3/4 submitted before the learned Trial Court and under such circumstances he has contended to allow this petition. Ms. C Choudhury, Learned Counsel for the Informant, also submits that the matter has been settled between the complainant and the accused. 5. Ms. A A Begum, learned Additional Public Prosecutor, appearing for the State respondents, however, submits that after completion of investigation, the Investigating Officer has laid a charge- sheet, being charge-sheet No. 42/2026, dated 26.09.2026. 6. Having heard the submissions of learned Counsel for both the parties, this Court has carefully gone through the materials placed on record. 7.
It appears that the accused has been languishing in jail hajot since 05.09.2026, for the last 42 (forty two) days and in the meantime, investigation has been completed and charge-sheet has been laid before the learned Trial Court. Further, it appears that the matter has been settled between the parties and Ms. C Choudhury,
learned Counsel for the informant has apprised this Court that the complainant is not willing to pursue the matter.
8. Accordingly, taking note of the submissions of the learned Counsel for both the parties and also considering the facts and
Page No.# 4/4 circumstances of the record, this Court is inclined to allow this petition.
9. It is provided that the Petitioner be enlarged on bail, on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with 1 (one) surety of like amount to the satisfaction of the learned Sessions Judge, Sonitpur.
9. In terms of the above, this Bail Application stands disposed of. JUDGE Comparing Assistant