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2026 DAILYLAW 2530 (GAU)

OSMAN ALI AND 10 ORS v. THE STATE OF ASSAM

AB/705/2026 · 2026-04-01

Parthivjyoti Saikia

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010068482026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./956/2026 SAIFUL ISLAM AND 2 ORS SON OF ABDUL HAI RESIDENT OF VILL- GERUATI, P.O. GERUATI, P.S. KHATOWAL, DIST. NAGAON, ASSAM. 2: NURUL ISLAM @ NAJRUL ISLAM SON OF KASEM ALI RESIDENT OF VILL- GERUAMUKH P.O. GERUATI BAZAR PO.S. KHATOWAL DIST. NAGAON ASSAM. 3: DHRUBAJYOTI HAZARIKA SON OF BONGSHI HAZARIKA RESIDENT OF VILL- HAAHSORA SENCHOWAGAON P.O. TEOK P.S. TEOK DIST. JORHAT ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BORA, P MAZUMDAR,MR. D K BAIDYA,MR. D GAGAI Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 Linked Case : AB/705/2026 OSMAN ALI AND 10 ORS S/O LATE ABDUL RAHIM SARKAR @ LASKAR AND RESIDENT OF VILL- BAJIAGAON P.O. BAJIAGAON P.S. SAMAGURI DIST. NAGAON ASSAM. 2: MAHIDUL ISLAM SON OF NURUL ISLAM @ HOQUE AND RESIDENT OF VILL- GERUAMUKH P.O. GERUAATI BAZAR AND P.S. KHATOWAL DIST. NAGAON ASSAM. 3: MAJIBUR RAHMAN SON OF KUDDUSH ALI AND RESIDENT OF VILL- GERUAMUKH P.O. GERAATI BAZAR AND P.S. KHATOWAL DIST. NAGAON ASSAM. 4: RAITUL ISLAM SON OF MAIN UDDIN AND RESIDENT OF VILL- GERUAMUKH P.O. GERUAATI BAZAR P.S. KHATOWAL DIST.NAGAON ASSAM. 5: NEKIBUR RAHMAN @ FARIDUL ISLAM SON OF UMAR ALI RESIDENT OF VILL- GERUAMUKH P.O. GERUAATI BAZAR P.S. KHATOWAL DIST.NAGAON ASSAM. 6: ABADUL HOQUE @ EBADUL ISLAM SON OF JAFAR ALI RESIDENT OF VILL- GERUAMUKH P.O. GERUAATI BAZAR P.S. KHATOWAL DIST.NAGAON ASSAM. 7: MUSARAF ALI @ MUSHAROF HUSSAIN Page No.# 3/5 SON OF ABDUL SIDDIQUE @ SIDDIQUE ALI RESIDENT OF VILL- GERUAMUKH P.O. GERUAATI BAZAR P.S. KHATOWAL DIST.NAGAON ASSAM. 8: MUBARAK ALI SON OF SIDDIQUE ALI RESIDENT OF VILL- GERUAMUKH P.O. GERUAATI BAZAR P.S. KHATOWAL DIST.NAGAON ASSAM. 9: DILDAR HUSSAIN SON OF KASHEM ALI @ BAKUL ALI RESIDENT OF VILL- GERUAMUKH P.O. GERUAATI BAZAR P.S. KHATOWAL DIST.NAGAON ASSAM. 10: WAHED ALI SON OF ABDUL RASHID RESIDENT OF VILL- GERUAMUKH P.O. GERUAATI BAZAR P.S. KHATOWAL DIST.NAGAON ASSAM. 11: ANSARUL HOQUE SON OF RAHMAT ALI RESIDENT OF VILL- GERUAMUKH P.O. GERUAATI BAZAR P.S. KHATOWAL DIST.NAGAON ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. A M BORA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 4/5 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 02.04.2026 Heard Mr. A.M. Bora, the learned senior counsel assisted by Mr. D.K. Baidya, the learned counsel representing the petitioners as well as Mr. Bhaskar Sharma, the learned Addl. Public Prosecutor, Assam. 2. Both the applications are under Sections 483 and 482 of the BNSS, 2023 in respect of Khatowal P.S. Case No.09/2026, registered under Sections 324/117(2)/109/3(5) of the BNS. 3. On 26.03.2026, some people were trying to paste some posters of the political party. On that issue, the informant and some other persons had a quarrel. In fact, they had a fight between themselves. 4. Mr. Sharma, the learned Addl. Public Prosecutor has objected to the bail prayers made in both the applications. 5. I have considered the submissions made by the learned counsel for both sides. 6. This Court is of the opinion that under the given circumstances, the petitioners, namely- (1) Saiful Islam, (2) Nurul Islam @ Najrul Islam and (3) Dhrubajyoti Hazarika (in Bail Application No.956/2026) do not deserve to be detained in custody for a further period of time. Their bail application is allowed. 7. Accordingly, the three petitioners, named above, shall be released on bail of ₹20,000/- with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon. Page No.# 5/5 8. So far as the petitioners, namely- (1) Osman Ali, (2) Mahidul Islam, (3) Majibur Rahman, (4) Raitul Islam, (5) Nekibur Rahman @ Faridul Islam, (6) Abadul Hoque @ Ebadul Islam, (7) Musaraf Ali @ Musharof Hussain, (8) Mubarak Ali, (9) Dildar Hussain, (10) Wahed Ali and (11) Ansarul Hoque are concerned, it is hereby directed that under the given circumstances, they also do not deserve to be detained in custody. Their pre-arrest bail application is allowed. 9. Therefore, it is directed that in the event of arrest of the 11(eleven) petitioners, named above, they shall be allowed to go on bail of ₹20,000/- with sureties of like amount to the satisfaction of the arresting authority. 10. The petitioners shall co-operate with Police Investigating Officer, as and when called for. With the aforesaid direction, both the bail applications are disposed of. JUDGE Comparing Assistant