Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010049412026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/505/2026 JUMAT ALI . S/O-LATE- MAMUD ALI R/O-VILL- PIPULBARI PART-III, P.O. DHANUA P.S- MANKACHAR DIST-SOUTH SALMARA MANKACHAR PIN CODE783135 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD A ISLAM, MR. N ISLAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 25.03.2026
1. Heard Mr. A. Islam, learned counsel appearing for the accused petitioner as well as Mr. P. Lahkar, learned Addl. P.P., Assam appearing for the State respondent. 2. In this petition filed under Section 482 of the Bharatiya Nagarik Suraksha
Page No.# 2/3 Sanhita, 2023, the petitioner, namely, Jumat Ali has prayed for granting pre- arrest bail, apprehending arrest in connection with Mankachar P.S. Case No. 153/2025, registered under Section 105 of BNS read with Section 135 of Electricity Act. 3. The informant Abdullah Sarkar lodged an ejahar, alleging that on 14.11.2025 at about 04:00 p.m. his son-in-law Moazzem Hussain came to his house and at about 11 p.m his son-in-law went to guard the pond. While he was crossing the paddy field of the accused, touched the electricity line and became senseless. After rigorous search, his son-in-law was recovered in the paddy field of the accused and took him to Hatsingimari Civil Hospital. The doctors declared him dead. 4. From the material available in the Case Diary, it appears that the petitioner had put up an electric fencing to protect his crop from animals but there was no intention to cause death of any person. Of course the legality of the action of the petitioner is open to question. 5. Having regard to the nature of the allegation, as well as the fact that the informant side had submitted an affidavit before the I/O stating that the matter has been amicably resolved, the custodial interrogation of the petitioner may not be necessary. 6. Accordingly, the prayer for pre-arrest bail is allowed. 7. The petitioner named above, shall be released on interim pre-arrest bail, in connection with Mankachar P.S. Case No. 153/2025, on furnishing a bail bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting authority in the event of his arrest with the above noted case.
It is further provided that the petitioner shall co-operate with the investigation. Page No.# 3/3
8. Petition stands allowed accordingly. JUDGE Comparing Assistant