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2026 DAILYLAW 5948 (GAU)

AHAMED ALI ALIAS AHMAD ALI v. THE STATE OF ASSAM

AB/862/2026 · 2026-05-12

Pranjal Das

body2026

Judgment text

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Page No.# 1/4 GAHC010079052026 2026:GAU-AS:6599 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/862/2026 AHAMED ALI ALIAS AHMAD ALI S/O JAMAL ALI, R/O VILL 1 NO SANIADI, SAKLARPAR, PO KHOPANI KUCHI, PS HAJO, DIST KAMRUP (M), ASSAM, PIN 781102 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR K DAS, MR. S Ali Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 13.05.2026 Heard Mr. K. Das, learned counsel for the petitioner also heard Mr. K. Baishya, learned Addl. P.P appearing for the State. Page No.# 2/4 2. The accused/petitioner, namely Ahamed Ali @ Ahmad Ali is invoking the powers under section 482 of BNSS, 2023 praying for the grant of pre-arrest bail in connection with Hajo P.S Case No. 504/2025 u/s 103(1)/238/3(5) of BNSS, 2023. 3. The case arose out of an FIR dated 04.12.2025 lodged by Jarina Khatun naming the three persons therein including the present petitioner as the Accused No.1. 4. It is alleged that the Accused No.3/Jamal Ali has taken an amount of Rs 5,00,000/- from her father regarding sale of a land but has not sold the land and that her family members have been staying in the land by building a house from the last one year. 5. It is further stated that the Accused No.1/petitioner developed a love relationship with informant's minor sister aged 7 years, 6 months. It is stated that on 02.12.2025 at around 11:00 P.M. the petitioner entered their house taking advantage of their ill father staying alone and when he tried to drive him away, he made him unconscious by giving him a substance and thereafter the accused person killed her sister and tried to portray it as a suicide case by hanging the dead body. It is alleged that petitioner/A1 intended to marry another woman, to which the victim/informant's sister had objected. The informant has alleged that her sister was killed by the accused persons in pre- planned manner. 6. This is a subsequent bail application as an earlier bail application was rejected by this Court on 06.04.2026 passed in AB 87 of 2026. 7. The case diary was called for again and received. 8. The learned counsel for the petitioner reiterates that the petitioner denies Page No.# 3/4 his involvement in the alleged crime. It is also submitted that the father and elder brother of the petitioner, who were co-accused have already been granted bail by a Coordinate Bench of this Court. It is submitted that the petitioner has been falsely implicated and that he shall render full cooperation to the investigation. 9. On the other hand, the learned Addl. P.P. supporting the bail objection filed by the I.O submits that the petitioner has been revealed by the investigation to be the main accused in the case and that his custodial examination is necessary. It is submitted that he was last seen with the victim. 10. The post-mortem report is available in the case diary and upon perusing the same, I find that it indicates a ligature mark around the neck and the hyoid bone has been found to be intact. 11. Investigation is still in progress. The forensic examination is negative. 12. Upon considering the facts and circumstances and the result of investigation, including the aforesaid noting and finding in the P.M. report - I find force in the contention of the prosecution that the present petitioner being strongly suspected to be the main accused and his examination may be necessary for the purpose of effective investigation and that granting of bail at this stage - when investigation is still going on - may not be in the interest of justice. 13. In such view of the matter, I do not find sufficient new grounds in the subsequent bail petition, which accordingly stands rejected at this stage. 14. Return back to case diary. JUDGE Page No.# 4/4 Comparing Assistant