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2026 DAILYLAW 463 (GAU)

AZIZUR RAHMAN AND 3 ORS. v. THE STATE OF ASSAM

AB/569/2026 · 2026-03-26

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010053312026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/569/2026 AZIZUR RAHMAN AND 3 ORS. S/O LATE ATOWAR RAHMAN R/O VILL- DUBACHURI PART-I, P.S. MERERCHAR, DIST. BONGAIGAON, ASSAM. 2: ABDUL ALIM S/O LATE ATOWAR RAHMAN R/O VILL- DUBACHURI PART-I P.S. MERERCHAR DIST. BONGAIGAON ASSAM. 3: MIZANUR RAHMAN S/O LATE ATOWAR RAHMAN R/O VILL- DUBACHURI PART-I P.S. MERERCHAR DIST. BONGAIGAON ASSAM. 4: ABDUL LATIF S/O LATE KHURSHED ALI R/O VILL- DUBACHURI PART-I P.S. MERERCHAR DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MS R DEKA,MR. SAYED SALIM Page No.# 2/3 AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 27.03.2026 Heard Mr. S. S. Ahmed, learned counsel appearing on behalf of the accused- applicants. Also heard Mr. P. S. Lahkar, learned Addl. P.P., representing the State of Assam. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for granting of pre-arrest bail to the accused-applicants in connection with Mererchar P.S. Case No. 45/2025, registered under Sections 189(2)/103(1) of the BNS, 2023. 3. On 08.12.2025, the informant, namely, Akbar Ali, lodged an FIR before the Officer-in-Charge of Mornai Police Station, alleging, inter alia, that on last 07.12.2025, at about 11.30 PM of night, while the informant’s father was coming towards home from Paltanbazar, after attending a religious meeting, the accused persons named in the FIR jointly assaulted his father and thereby, causing serious injuries to him; that upon hearing hue and cry, the informant came and found his father lying on ground and when he was taken to the hospital in Abhayapuri, his father was further referred to Bongaigaon Hospital, wherein the doctor declared his father as brought dead. 4. On receipt of the FIR, the police registered Mererchar P.S. Case No. 45/2025, under the aforementioned sections. 5. The learned Addl. P.P., submits that Charge-sheet in the instant case has been filed, vide Charge-sheet No. 07/2026, dated 07.03.2026. In view of the filing of the Page No.# 3/3 Charge-sheet, the learned counsel for the accused-applicants submits that he should be allowed to appear before the learned Trial Court. 6. In view of the aforesaid submissions, the instant anticipatory bail application stands closed and disposed of. JUDGE Comparing Assistant