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2026 DAILYLAW 4449 (GAU)

SHAHIL ALI v. THE STATE OF ASSAM

AB/527/2026 · 2026-04-19

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/2 GAHC010049032026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/527/2026 SHAHIL ALI S/O MAMAT ALI R/O SATGAON AMBARI, UDAYAN VIHAR, DIST. KAMRUP (M), ASSAM, PIN- 781171. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR B M DEKA, MS. D BORA,MR. MASUM ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 20.04.2026 Heard Mr. Masum Alam, learned counsel for the petitioner. Also heard Mr. K.K. Kaushik, learned Addl. Public Prosecutor for the State. 2. Perused the case diary. 3. As recorded in the order dated 12.03.2026, a submission had been made that there was another Page No.# 2/2 person with the same name, who had already been arrested in connection with Satgaon P.S. Case No. 37/2026 under Section 127 (2)/ 308 (2)/ 117 (2)/ 3 (5) of BNS 2023 and the petitioner having the same name, was being wrongly searched by the police. Accordingly, this Court had allowed an interim protection to the petitioner herein since he was not named in the FIR, and another accused person with the same name had already been arrested. The petitioner appeared before the I.O. in accordance with the directions of this Court. Learned Addl. P P has produced the case diary. 4. Perusal of the case diary shows that two persons by the same name, including the petitioner, were involved in the incident, and the other co-accused, who were in custody, have named the present applicant also as a perpetrator of the alleged offence. 5. Accordingly, this Court deems it fit to recall the privilege of previous bail granted to the petitioner. The looted items are yet to be recovered. 6. Accordingly, the previous bail is recalled, and the anticipatory bail petition is dismissed. JUDGE Comparing Assistant