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2026 DAILYLAW 15799 (GAU)

SAHIBA AHMED v. THE STATE OF ASSAM

Bail Appln./3124/2026 · 2026-10-04

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010217212026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3124/2026 SAHIBA AHMED WIFE OF RASHID KHAN, RESIDENT OF PADUMONI LALUK, P.O. AND P.S. LALUK, DISTRICT LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 05.10.2026 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. SS Ahmed, learned Counsel for the petitioner and Ms. A Begum, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Laluk PS Case No. 236/2026 registered under Section 108 of BNS, 2023. The Page No.# 2/3 FIR in connection with which the petitioner was arrested on 16.09.2026 was lodged by one Nur Jahan Begum i.e. the mother of the victim stating inter alia that the accused person named therein i.e. one Hajar Ali on the pretext of being in love with her minor daughter had circulated her private photographs in social media due to which her daughter felt ashamed and consume poison on 05.11.2025 and died on 10.11.2025 while undergoing treatment in the hospital. 3. The learned Senior Counsel for the petitioner submits that after ten months of the occurrence, the police during investigation had arrested the petitioner and in the forwarding report, it is stated that the petitioner had abused and assaulted the minor girl due to which she committed suicide. He however submits that there can be no allegation of abatement with regard to the petitioner and the allegation leveled was also very late in the day. 4. Ms. A Begum, learned Additional Public Prosecutor for the State, on the other hand submits that the forwarding report clearly shows the complicity of the petitioner and as such has prayed for calling of the Case Diary. 5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the complicity of the petitioner was seen after a period of more than 10 months from the date of the occurrence and also it is an admitted position that to establish a case for abatement specific materials are required, this Court enlarges the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of CJM, Lakhimpur, North Lakhimpur under the following conditions: i) the petitioner will appear before the Investigating Officer as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither Page No.# 3/3 influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant