Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010037702026
2026:GAU-AS:4291
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/494/2026 MD UMAR FARUK S/O ISAB ALI R/O VILL- BABURA ATI P.S.- KACHUA DISTRICT- NAGAON, ASSAM PIN CODE- 782425 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S HUSSAIN, Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
O R D E R
Date : 25.03.2026. Heard Mr. S. Hussain, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application under Section 482 of BNSS, 2023 praying for grant of pre-
Page No.# 2/3 arrest bail to the accused/petitioner, namely, Md. Umar Faruk who is apprehending arrest in connection with the PRC No.101/2026, pertaining to Nagaon P.S. Case No.770/2025, under Section 61(2)/108 of the BNS. The scanned copy of the TCR has already been received and perused the same. It is submitted by Mr. Hussain, the learned counsel that the present accused petitioner is innocent and he has not committed any such offence as alleged against him in the FIR. However, it is a fact that both the petitioner and the deceased victim had love relationship and that apart, he never promised to marry her as stated in the FIR. However, at the relevant time of incident, he was in Kerala and came to know about the incident only coming back from Kerala. However, the present petitioner is ready and willing to appear before the learned Trial Court below and to contest the case accordingly, if he is provided with some interim protection. Mr. Sarma, the learned Addl. P.P., Assam submitted in this regard that considering sufficient incriminating materials against the present accused petitioner and there was a suicide note also wherein she had wrote as to how she was compelled to commit suicide but the suicide note is not available in the scanned copy of the case diary or the case record. However, the learned Addl. P.P., Assam submitted that only the summons were issued to the petitioner and hence, he is at liberty to appear before the learned Trial Court below on or before the next date of listing.
Hearing the submissions made by learned counsel for both sides and considering all aspects of the case, the present petitioner is hereby directed to
Page No.# 3/3 appear before the learned Trial Court below with an application for bail, which may be considered in accordance with the law. However, till fifteen (15) days from today, as an interim, no coercive action shall be taken against the present accused petitioner. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant