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2026 DAILYLAW 499 (GAU)

JALILUR RAHMAN AND ORS v. THE STATE OF ASSAM

AB/91/2026 · 2026-03-08

Pranjal Das

body2026

Judgment text

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Page No.# 1/5 GAHC010003662026 2026:GAU-AS:3489 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/91/2026 JALILUR RAHMAN AND ORS S/O- LATE HABIBUR RAHMAN. R/O- BORDOLOI PATHAR., P.O.- TINIALI BAZAR, P.S.- LANKA, HOJAI. 2: EKRAMUL HUSSAIN @ IKRAMUL HUSSAIN. S/O- JALILUR RAHMAN. R/O- BORDOLOI PATHAR. P.O.- TINIALI BAZAR P.S.- LANKA HOJAI. 3: ASIF AHMED. S/O- TAJ UDDIN. R/O- BORDOLOI PATHAR. P.O.- TINIALI BAZAR P.S.- LANKA HOJAI. 4: SAHAB UDDIN @ BULU S/O- SAFAR MIYA. R/O- BAMUN GAON P.O.- TINIALI BAZAR P.S.- LANKA HOJAI. 5: RIAJ UDDIN S/O- SAFAR MIYA. R/O- BAMUN GAON P.O.- TINIALI BAZAR P.S.- LANKA HOJAI. 6: SARIF UDDIN S/O- SAFAR MIYA. Page No.# 2/5 R/O- BAMUN GAON P.O.- TINIALI BAZAR P.S.- LANKA HOJAI. 7: MD. SHAMIM AKHTAR @ TIPU. S/O- NIZAM UDDIN. R/O- BAMUN GAON P.O.- TINIALI BAZAR P.S.- LANKA HOJAI. 8: SAJJADUR RAHMAN @ SAJJADUR ALI S/O- SALIM UDDIN. R/O- BAMUN GAON P.O.- TINIALI BAZAR P.S.- LANKA HOJAI. 9: MD. NIJAM UDDIN. S/O- SAFAR MIYA. R/O- BAMUN GAON P.O.- TINIALI BAZAR P.S.- LANKA HOJAI VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,R. DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 09.03.2026 Page No.# 3/5 Heard Mr. HRA Choudhury, learned Senior Counsel for the petitioner. Also heard Mr. K. Baishya, learned Addl. P.P. appearing for the State respondent. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (1) Jalilur Rahman @ Abdul Jalil, (2) Ekramul Hussain, (3) Ashif Ahmed, (4) Sahab Uddin, (5) Riaj Uddin, (6) Sharif Uddin, (7) Md. Shamim Aktar @Tipu, (8) Sajjadur Rahman @ Sajjadur Ali (9) Md. Nizam Uddin, have prayed for granting pre-arrest bail, apprehending arrest in connection with Lanka P.S. Case No. 203/2025, registered under Section 61(2)/126(2)/ 118(2)/109(1)/3(5) of BNS, 2023 corresponding to GR No. 1113/2025. 3. It is submitted by the learning counsel that during the pendency of his petition, one accused Taj Uddin was arrested and subsequently released on bail. 4. The case arose out of FIR dated 21.9.2025, wherein twelve persons are named. The allegations are that on 21.9.2025 in the night at 9 pm somebody released air from the four wheelers of vehicle bearing number AS02AF4989 parked at Bamun Gaon Chariali. Upon getting this information, his elder brother Azim Uddin, aged about 50 years proceeded there and then the accused persons in a premeditated manner came by Belero swift vehicle and armed with iron rod, wooden sticks and sharp weapons intercepted his brother and attacked him and caused him grievous injuries and thereafter fled away. It is alleged that the accused persons attacked his brother with the intention to kill. 5. The learned Senior Counsel fairly submits that an earlier bail petition on behalf of the petitioners, except the petitioner no.1 was rejected on 10.12.2025 in AB No. 2740/2025. Further, vide order dated 02.02.2026, the petitioner No.3 was granted interim bail for the reasons stated therein and since continued. Page No.# 4/5 6. The learned Senior Counsel reiteriates his submission that as per instruction, there was minor altercation with regard to releasing of air from the vehicle. But the narration in the FIR is highly exaggerated and distorted. 7. The updated case diary has been received and relevant portion perused. 8. The learned Addl. P.P. revealed about the incriminating materials and also drawn attention to the note of the I/O dated 16.12.2025. 9. Considering the date of last rejection i.e. 10.12.2025 almost three months lapse since then. Investigation is not yet completed. 10. I have seen the investigation after the date of last rejection. It appears that there is not much new investigation in the intervening period and most of the investigation so far was already done till 05.02.2026. 11. In the given facts and circumstances, perhaps allowing this bail application at this stage may not hamper in any significant manner the investigation, provided suitable conditions are imposed. 12. In such view of the matter, the interim bail granted to the petitioner no.3, named above is hereby made absolute and with regard to the other petitioner, it is directed that in the event of their arrest the petitioners named above, shall be released on bail in connection with Lanka P.S. Case No. 203/2025 under Section 61(2)/126(2)/118(2)/109(1)/3(5) of BNS, 2023, on furnishing bail bond of Rs.20,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority. 13. The direction for bail is further subject to the condition(s) that the accused-petitioners (a) shall co-operate with the investigation; and (b) shall not hamper or tamper with evidence. Page No.# 5/5 14. Violation or breach of condition(s) shall entail cancellation of the bail. 15. This anticipatory bail application stands allowed and disposed of. Send back the case diary. JUDGE Comparing Assistant