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2026 DAILYLAW 4319 (GAU)

BABU ALI AND 2 ORS. v. THE STATE OF ASSAM

AB/501/2026 · 2026-03-10

Parthivjyoti Saikia

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010048332026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/501/2026 BABU ALI AND 2 ORS. S/O JANIF ALI, R/O VILL NO 2 CHAPORABARI, PS MAZBAT, DIST UDALGURI, ASSAM 2: URMILA KHATOON D/O MOHINA ALI R/O VILL NO 2 CHAPORABARI PS MAZBAT DIST UDALGURI ASSAM 3: FARIDA KHATOON W/O RUSTAM ALI R/O VILL NO 2 CHAPORABARI PS MAZBAT DIST UDALGURI ASSA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A MISHRA,R MALI,MD A RAHMAN,MR A W AMAN,SAMIM RAHMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 11.03.2026 Heard Mr. S. Nawaz, the learned counsel appearing for the petitioners as well as Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023 in respect of PRC No.516/2024 pending in the court of learned Addl. Chief Judicial Magistrate, Sonirpur, Tezpur. 3. The petitioners have been shown as absconder in the charge sheet, which alleges commission of Sessions triable offence. The petitioners have received summonses from the court of learned Addl. CJM, Sonitpur, Tezpur. They, now, apprehends that since they are shown as absconder in the charge sheet, they will be remanded to custody. The petitioner also submits that that the said court of learned Addl. CJM, Sonitpur, Tezpur does not have the jurisdiction to entertain their case. The petitioners have submitted that they are interested in facing the trial so they should be given adequate opportunity to that effect. 4. I have considered the submissions made by the learned counsel for both sides. 5. This Court is of the opinion that since the petitioners are willing to face the trial, they deserve to be given adequate opportunity to that effect. 6. Therefore, their application for bail is allowed. 7. It is hereby directed that the petitioners, namely- (1) Babu Ali, (2) Urimla Khatoon and (3) Farida Khatoon shall appear before the court of learned Additional Page No.# 3/3 Chief Judicial Magistrate, Sonitpur, Tezpur on 19.03.2026 in respect of PRC No.516/2024 and on their appearance they shall apply for bail and the court below shall release them on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the said court i.e. learned Addl. C.J.M., Sonitpur, Tezpur. With the aforesaid direction, the present application for bail is disposed of. JUDGE Comparing Assistant