Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 1788 (GAU)

JAMAL BADSHAH ALIAS JAMAL BADSHA AND 3 ORS. v. THE STATE OF ASSAM

AB/6/2026 · 2026-01-26

Pranjal Das

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010289852025 2026:GAU-AS:879 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/6/2026 JAMAL BADSHAH ALIAS JAMAL BADSHA AND 3 ORS. S/O ALI HUSSAIN A RESIDENT OF VILL- CHATIHARA, P.S.- SHYAMPUR, DIST.- DARRANG, ASSAM. 2: MAHAR ALI S/O.- NUR ISLAM A RESIDENT OF VILL.- CHATIHARA P.S.- SHYAMPUR DIST.- DARRANG ASSAM. 3: JAKIR HUSSAIN ALIAS JAGIR HUSSAIN S/O.- MATLEB ALI A RESIDENT OF VILL.- CHATIHARA P.S.- SHYAMPUR DIST.- DARRANG ASSAM. 4: BAHARUL ISLAM S/O.- ALI HUSSAIN A RESIDENT OF VILL.- CHATIHARA P.S.- SHYAMPUR DIST.- DARRANG ASSA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S. ALOM,FARNAZ N A HUSSAIN,MR. SK S N MOHAMMAD Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 27.01.2026 Heard Mr. SK S.N. Mohammad, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Addl. P.P. appearing for the State respondent. 2. This is an application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, Jamal Badshah @ Jamal Badsha, Mahar Ali, Jakir Hussain @ Jagir Hussain, Baharul Islam, seeking pre-arrest bail in connection with Shyampur P.S. Case No.23/2025, registered under Section 109/118(2)/191(2)/191(3)/329(3)/351(2) of BNS, 2023. 3. The allegation in the FIR is about causing assault in a serious manner and leading to grievous injury. 11(eleven) accused persons are named in the FIR. The FIR is dated 15.10.2025 4. The learned counsel for the petitioner has drawn my attention to another FIR dated 14.10.2025 lodged by one Lal Badsha, who is the brother of the petitioner nos.1, 2 and 4. It is submitted that the said FIR is dated 14.10.2025, that is one day earlier to the FIR in connection with which bail is being prayed. It is also submitted that some of the FIR named accused persons have been granted pre-arrest bail by the learned Sessions Judge, Darrang. 5. The petitioners were granted interim bail on 08.01.2026, pursuant to which they are stated to have appeared before the I/O and the statements recorded. The same is confirmed by the prosecution and the case diary has also been Page No.# 3/3 received. The medical report of one Rofiqul Islam is available, which indicates some injuries and nature of the injury is mentioned as - simple from surgery side. It appears that there was a mutual fight in the context of family dispute. 6. In view of the cooperation rendered by the petitioners and the progress of investigation that I have noticed it may not be necessary to cancel the interim bail. Accordingly, the interim bail order dated 08.01.2026 is hereby made absolute subject to the condition that:- (i) They shall cooperate with remaining investigation, (ii) They shall not hamper or tamper with the evidence, (iii) They shall maintain peace and shall not commit any illegal activities or offences, (iv) They shall not influence or intimidate any witnesses or the informant side. 7. Violation of any bail condition will entail cancellation of the bail. 8. Accordingly, this instant anticipatory bail application stands allowed and disposed of. 9. Send back the case diary. JUDGE Comparing Assistant