KHALILUR RAHMAN SIKDAR AND 2 ORS. v. THE STATE OF ASSAM
AB/2440/2026 · 2026-09-29
Shamima Jahan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15451 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15451 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010215572026
2026:GAU-AS:14529
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2440/2026 KHALILUR RAHMAN SIKDAR AND 2 ORS. SON OF LATE NUR MOHAMMAD SIKDAR, PERMANENT RESIDENT OF VILLAGE- DIGHIRPAR CHAR, POLICE STATIONFAKIRGANJ, DISTRIDHUBRI, ASSAM. PRESENTLY RESIDING AT VILLAGE- JOLDOB BASHMURA, POLICE STATION- LAKHIPUR, DISTRIC- GOALPARA, ASSAM. 2: ABDUS SALAM SIKDAR SON OF KUDDUS SIKDAR RESIDENT OF PERMANENT RESIDENT OF VILLAGE DIGHIRPAR CHAR POLICE STATION- FAKIRGANJ DISTRICT- DHUBRI ASSAM. 3: KASHEM ALI SIKDAR SON OF LATE CHAND MAMUD SIKDAR PERMANENT RESIDENT OF VILLAGE- DIGHIRPAR CHAR POLICE STATION- FAKIRGANJ DISTRICDHUBRI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.09.2026 Heard Mr. M. Ahmed, the learned counsel for the petitioners and Mr. B. Sarma, the learned Addl. Public Prosecutor for the State or Assam. 2. By this application the petitioners have prayed for pre-arrest bail in connection with PRC Case No. 111/2024, arising out of Fakirganj Police Station Case No. 288//2016, registered under Section 147, 148, 149, 447, 436, 325, 379, 427 of the IPC, pending before the Addl. Chief Judicial Magistrate, Dhubri. 3. It is the case of the petitioner that an FIR was lodged on 28.11.2016, against the petitioners, along with others, by the informant, alleging, inter alia, that the petitioners, along with 22–25 unknown miscreants, armed with lathis and other weapons, entered the house of the victim and set it on fire. It is also alleged that the petitioners along with others assaulted the family members of the victim and caused injuries on their body. The petitioner states that, pursuant to the said FIR, investigation was conducted and, upon completion thereof, a charge-sheet was submitted on 30.11.2023 against the petitioners and others, showing the petitioners as absconders. Thereafter, the charge-sheet was placed before the learned Court concerned, whereupon the case was registered as P.R.C. Case No. 111/2024, and cognizance of the offences alleged against the petitioners was also taken. The learned counsel for the petitioner submits that, the petitioners have received the summons and are ready to appear before the Trial Court. 4. On the other hand Mr.
B. Sarma, the learned APP for the State, submits that, the Trial Court upon perusal of the Trial Court Record, had rejected the
Page No.# 3/3 anticipatory bail application of the petitioners, vide order dated, 21.08.2026. 5. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that, the petitioners have pleaded in the instant case that they will go and appear before the Trial Court without fail, this Court enlarges the petitioners on pre-arrest bail on furnishing of a bail bond of Rs. 20, 000/- (Rupees Twenty Thousand) each with one surety each of the like amount to the satisfaction of the Arresting Authority under the following conditions:
i) The petitioner shall appear before the Trial Court on 08.10.2026, without fail and will appear before the Trial Court as and when call for. (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the alleged case; and (iii) The petitioner shall not leave their residence without prior permission of the Arresting Authority. 6. The AB Application stands disposed of. JUDGE Comparing Assistant