Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/97/2026 AHER ALI AHMED S/O LATE KURPAN ALI, R/O BARVITHA, PS PATARKUCHI, DIST BALAJI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR K BHUYAN, MR. M U E BHUYAN,MS. A HUSSAIN,MR. O U AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER 04.02.2026
1. Heard Mr. N. Hazarika, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor.
2. This petition under Section 482 BNSS is filed by the petitioners, namely, Aher Ali Ahmed, apprehending arrest in connection with Patacharkuchi P.S. Case No. 215/2025 registered u/s 318(3)/336(3)/340(2) of of BNS, 2023.
3. The gist of the allegations in FIR dated 06.11.2025 is that the
Page No.# 2/3 informant as Gaon Pradhan had issued an income certificate dated 1/4/2025 to the petitioner but the certificate was forged and made out into a hearsay certificate. Thereafter, the petitioner No. 1 mutated the name of his father and later other family persons against the land of Lt. Joyton Nessa, wife of Siraz Ali. Subsequently, the land was also mutated in the name of some other persons who were sons and daughters of Lt. Kurpan Ali. When the matter came to the notice of the Circle Office, investigation was conducted revealing forgery.
4. Mr. Hazarika, learned counsel for the petitioner, submits that the case is based on documentary evidence and secondly, the aspect of forgery can be properly determined only after forensic examination.
5. The case diary has been received.
6. The learned Additional Public Prosecutor objecting to the bail submits that the investigation has lent support to the allegations about forgery on the part of the petitioner regarding the document whereby illegal mutation entries were made which however came to be subsequently deleted upon detection.
7. On a query by the court, the learned Additional Public Prosecutor submits that upon perusing the investigation materials he has not noticed any aspect of any dispute regarding land or ancestral property.
8. The petitioner is named in the FIR and main allegations in the FIR are
directed against him and investigation has also implicated him. Prima facie forgery of property documents is definitely a serious matter which adversely impacts the valuable property rights of other persons. In the facts and circumstances, I am of the considered view that it may not be an appropriate case for of grant pre-arrest bail.
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9. Accordingly, the bail petition stands rejected at this stage.
10. Return back the case diary.
JUDGE Comparing Assistant