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2026 DAILYLAW 16798 (GAU)

ABDUL KARIM @ KARIM ALI v. THE STATE OF ASSAM

Bail Appln./3381/2026 · 2026-10-14

Anjan Moni Kalita

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010235222026 2026:GAU-AS:15814 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3381/2026 ABDUL KARIM @ KARIM ALI S/O- FULCHAN ALI, RESIDENT OF VILL- CHOUDHURY PAM, P.S.- CHHAYAGAON, IN THE DISTRICT OF KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM, MR. A K AZAD(INFORMANT) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15-10-2026 Heard Mr. A. K. Ahmed, the learned counsel appearing for the accused applicant. Also heard Ms. A. Begum, the learned Additional Public Prosecutor for the State and Mr. A. K. Azad, learned counsel appearing for the informant 2. This is an application under Section 483 of the BNSS, 2023, praying for the grant of regular bail to the accused applicant, who was arrested on 09.10.2026, Page No.# 2/3 in connection with Chhaygaon P.S. Case No. 188/2026, registered under Sections 117(2)/127(2) of the BNS, 2023, with Sections 109(1)/118(1) of the BNS, 2023, subsequently added. 3. The brief facts of the case are that, on 07.09.2026, one Halima Khatun lodged an FIR before the Officer-in-Charge of Jorshimuli Outpost, alleging, inter alia, that on 03.09.2026, at around 9:00 a.m., her son, Sadur Rahman, was assaulted by Hasibul Ali and Karim Ali near Choutara Bazar, and Rs. 5,000/- was snatched from him. 4. On the basis of the FIR, the police registered the Chhaygaon P.S. Case No. 188/2026 under the aforementioned sections. 5. Mr. Ahmed, learned counsel appearing for the accused applicant submits that the accused applicant is, in fact, not involved in the instant case. He submits that the accused applicant had earlier approached the Court of the learned Additional Sessions Judge, Kamrup, Amingaon, praying for bail; however, the same was rejected by the learned Additional Sessions Judge, Kamrup, Amingaon. He further submits that this Court had already granted anticipatory bail to the co-accused vide order dated 09.10.2026. He submits that the accused applicant is willing to cooperate with the investigation and therefore, prays that the accused applicant be granted bail at this stage. 6. Ms. A. Begum, learned Additional Public Prosecutor as well as Mr. A. K. Azad, learned counsel for the informant, on the other hand, oppose the prayer for bail and pray for calling for the Case Diary. 7. Taking into account the entire facts of the case, this Court is of the considered opinion that the accused applicant should be granted bail at this stage, in view of the fact that this Court had already granted anticipatory bail to Page No.# 3/3 the co-accused vide order dated 09.10.2026 in AB No. 2564 of 2026. 8. Accordingly, it is directed that accused applicant be released on bail forthwith in connection with Chhaygaon P.S. Case No.188/2026, on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with one surety of like nature to the satisfaction of the arresting authority, subject to the following conditions: - i. that the accused applicant shall cooperate with the investigation; ii. that the accused applicant shall appear before the investigating authority as and when required; iii. that the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person, who may be acquainted with the facts of the case, so as to dissuade such person from disposing such facts before the investigating authority against the accused applicant; 9. In view of the aforesaid directions, the instant bail application is, accordingly, disposed of as allowed. JUDGE Comparing Assistant