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2026 DAILYLAW 1651 (GAU)

SADDAM ALI ALIAS HUSSAIN AND ANR v. THE STATE OF ASSAM

AB/2779/2025 · 2026-02-03

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010258512025 2026:GAU-AS:1417 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2779/2025 SADDAM ALI ALIAS HUSSAIN AND ANR S/O ISMAIL MANDAL, R/O GOBINDAPUR, PS GOALPARA,DIST GOALPARA,ASSAM 2: ISMAIL MANDAL S/O JAYANAL ABEDIN R/O GOBINDAPUR PS GOALPARA DIST GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D MEDHI, FIRUZA BEGUM,S YESMIN,MR K THAKUR,MR. J N SUWAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 04.02.2026 Heard Mr. Firuza Begum, learned counsel for the petitioners. Also heard Mr. Page No.# 2/3 P. Borthakur, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the petitioners namely, Saddam Ali Hussain and Ismail Mandal, in connection with C.R. Case No. 555/2023 arising out of Sonapur PS Case No. 697/2019 pending before the Hon'ble Court of JMFC-2, Kamrup(M), Guwahati. 3. In this case, the Investigating Officer has submitted an FIR but pursuant to this petition, the learned Magistrate by Order dated 11.10.2023 forwarded the protest petition to the learned CJM, Kamrup(Metro) for registering it as a complaint case, pursuant to which, it was registered as a complaint case and summons have been issued to the petitioners. 4. The allegation in the instant case is that on 14.12.2019, the informant lodged an FIR before the Officer-in-Charge of Sonapur Police Station stating inter-alia that one and a half years ago his daughter was married to one Md. Robiul Hussain. Since their marriage, the husband along with his father Ismail Mandal and brother Saddam Ali were demanding dowry from his daughter. On 09.12.2019, Robiul Hussain and Saddam Ali assaulted the victim and poured kerosene on her body and set her on fire. As a result, the victim succumbed to her injuries on 10.12.2019. Hence, the present petition. 5. Scanned copy of the TCR has been received. 6. This Court vide order dated 28.11.2025 had granted interim pre arrest Page No.# 3/3 bail to the petitioners having regard to the fact that the I.O. had submitted Final Report in the case and also the fact that the co-accused i.e. the husband of the victim has already been granted bail by order dated 01.02.2020 passed by the learned Additional Sessions Judge, Kamrup (M). 7. Having regard to the aforesaid, it would not be necessary to take the petitioners into the custody for the purpose of the proceedings before the learned Magistrate. 8. Accordingly, the prayer for interim bail dated 28.11.2025 is hereby made absolute. 9. It is further provided that the petitioners shall cooperate with the further proceedings of the case. 10. The petition stands disposed of accordingly. JUDGE Comparing Assistant