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2026 DAILYLAW 2472 (GAU)

IFTYKAR HAZARIKA v. THE STATE OF ASSAM

AB/146/2026 · 2026-02-15

Anjan Moni Kalita

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010012142026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/146/2026 IFTYKAR HAZARIKA S/O JOYSON HAZARIKA, R/O BACK SIDE OF JUNAKI HALL, P.O. AND P.S. TEZPUR, DIST. SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : R L CHUTIA, MR A KHANIKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 16.02.2026 Heard Mr. A. Khanikar, learned counsel for the accused/applicant. Also heard Mr. K.K. Parasar, learned APP for the State. 2. This is an application under Section 482 of the BNSS, 2023 for granting pre-arrest bail to the accused petitioner, namely, Iftykar Hazarika in connection with Tezpur P.S. Case No. 035/2026 under Sections 74/76/118(2)/109(1)/351(2)/3(5) of the BNS. Page No.# 2/3 3. The brief facts of the case are that the complainant lodged an FIR stating that on 12.01.2026 at about 6:00 PM, while she was reversing her vehicle on the road from Jonaki to Tezpur Market, her vehicle was hit by a motorcycle ridden by Accused No. 1, Iftikar Hazarika. The complainant then alighted from her vehicle to question the said Iftikar Hazarika, upon which he allegedly shouted at her using obscene language and forcefully touched her private parts. The complainant’s husband and father-in-law came to her assistance, when Accused No. 1, along with Accused No. 2, Joyson Hazarika, and several others, physically assaulted them with the intent to cause grievous harm, resulting in serious injuries to both. Thereafter, the accused persons allegedly left the scene, threatening the complainant and her family with the words “Hindu Dominance won’t work” (“Hindu Adhipatya Nosolibo”). 4. The learned counsel for the accused/applicant submits that the case arose due to certain misunderstandings and a heated exchange, and that there was no intention or motive to cause harm to anyone in the instant case. He further submits that the co-accused in the case has already been granted anticipatory bail by this Court. The learned counsel also undertakes that the accused/applicant shall fully cooperate with the investigation and abide by all conditions that may be imposed in connection with the grant of anticipatory bail. 5. Mr. K.K. Parasar, learned APP, on the other hand, submits that the conduct of the accused/applicant is not satisfactory, as he had filed another anticipatory bail application during the pendency of the instant application, which was subsequently withdrawn. He further submits that there are materials of his involvement of the accused/applicant in the alleged offences Page No.# 3/3 as detailed in the FIR. 6. Taking into account the facts of the case and after perusal of the Case Diary, this Court is of the considered opinion that the accused/applicant is entitled to the privilege of anticipatory bail at this stage. Accordingly, it is directed that, in the event of the arrest of the accused/applicant by the Investigating Authority in connection with Tezpur P.S. Case No. 035/2026, he shall be released on bail upon furnishing a bail bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the arresting authority, subject to the following conditions: (i) The accused/applicant shall appear before the Investigating Authority within seven (7) days from the date of passing of this order. (ii) The accused/applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when required. (iii) The accused/applicant shall not, directly or indirectly, attempt to influence, intimidate, or tamper with any witness or evidence in any manner whatsoever. 7. Accordingly, the instant anticipatory bail application is disposed of and allowed. JUDGE Comparing Assistant