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2026 DAILYLAW 17474 (GAU)

SADDAM HUSSAIN AND 3 ORS. v. THE STATE OF ASSAM

AB/3039/2025 · 2026-01-06

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010285022025 2026:GAU-AS:249 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3039/2025 SADDAM HUSSAIN AND 3 ORS. S/O MONER ALI, R/O VILL GUTIPARA PT I, PO AND PS BILASIPARA, DIST DHUBRI, ASSAM, PIN 783348 2: PARBAT ALI S/O MONER ALI R/O VILL GUTIPARA PT I PO AND PS BILASIPARA DIST DHUBRI ASSAM PIN 783348 3: SOPIKUL HOQUE ALIAS SOFIQUL ISLAM S/O MONER ALI R/O VILL GUTIPARA PT I PO AND PS BILASIPARA DIST DHUBRI ASSAM PIN 783348 4: RANGITAN NESSA W/O MONSER ALI R/O VILL GUTIPARA PT I PO AND PS BILASIPARA DIST DHUBRI ASSAM PIN 78334 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. P SARMAH, S S AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 07.01.2026 Heard Mr. P. Sarmah, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. By invoking the provisions of Section 482 of the BNSS, 2023 the accused petitioner Nos. 1. Saddam Hussain, 2. Parbat Ali, 3. Sopikul Hoque @ Sofiqul Islam & 4. Rangitan Nessa are seeking pre-arrest bail in connection with Bilasipara P.S. Case No.225/2025 registered under Sections 140(1)/117(3)/109(1) and 3(5) of the BNS, 2023. 3. The gist of the allegations in the FIR dated 23.07.2025 is that on the previous day, the informant’s elder brother was brutally assaulted by the accused persons and left in a senseless position and later rescued by the police. 9 (nine) accused persons are named in the FIR including the petitioner Nos. 1, 2 & 3. 4. On 19.12.2025, the petitioner No. 4, namely, Rangitan Nessa was stated to be 60 years old and not named in FIR was granted interim pre-arrest bail. 5. Case diary has been received. 6. The learned Addl. P.P. submits that the medical report indicates grievous injury (fractured) caused by blunt weapon. However, it is submitted by the learned counsel Page No.# 3/3 for the petitioner that the allegations are exaggerated and no such incident of the degree as alleged had taken place. 7. By separate order, one co-accused has been granted anticipatory bail by this Court passed today. 8. Considering the progress of investigation and aspect of parity, I allow this petition as well. Accordingly, the interim bail granted to the petitioner no.4, namely, Rangitan Nessa vide order dated 19.12.2025 is hereby made absolute. 9. With regard to the other three petitioners, in the event of their arrest of the petitioners, named above, is hereby allowed to go on pre-arrest bail of Rs. 25,000/- each with one surety of like amount each to the satisfaction of the arresting authority, and subject to the following conditions that:- (i) The petitioners shall maintain peace and not commit any illegal activities or offences (ii) They shall not hamper or tamper with the evidence. (iii) They shall not harm, harass or influence to the witnesses or the informant side. 10. Violation of any bail condition will entail cancellation of the bail. 11. Accordingly, this instant anticipatory bail application stands allowed and disposed of. 12. Send back the case diary. JUDGE Comparing Assistant