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2026 DAILYLAW 15942 (GAU)

ALABAHASH ALI @ ALABOKSH v. THE STATE OF ASSAM

AB/2546/2026 · 2026-10-07

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010222722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2546/2026 ALABAHASH ALI @ ALABOKSH SON OF LATE SURAT ALI, VILLAGE- TANGAON PART- III, P.S.- MANKACHAR, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783135 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A Z AHMED, A.K.SK,MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 08.10.2026 Heard Mr. A. Z. Ahmed, the learned counsel for the petitioner and Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Mankachar P.S. Case No. 1919/2026, registered under Sections Page No.# 2/3 126(2), 78(2), 331(2), as well as 75(2) of the BNS, 2023. 3. The FIR in connection with which the petitioner is apprehending arrest was lodged by the victim herself, stating inter alia that, from long the petitioner had attempted to established illicit relationship with her and that, on 04.09.2026, at about 08:00 PM, when her husband was not at home, the petitioner entered her house and caught her and embraced her and tried to rape her. The learned counsel for the petitioner submits that, the information given in the FIR is a concocted allegation. 4. Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam, on the other hand submits that, the allegations against the petitioner are writ large in the FIR. 5. Upon consideration of the submissions made by the learned counsel and more so, in view of the fact that, the story narrated in the FIR is not the complete story as could be deduced, this Court enlarges the petitioner 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 IO within 15 days from the date of the order and thereafter as and when call for. (ii) The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the alleged case; and Page No.# 3/3 (iii) The petitioners shall not leave their residence without prior permission of the Arresting Authority. 6. The AB Application stands disposed of. JUDGE Comparing Assistant