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2026 DAILYLAW 6471 (GAU)

SULTAN ALI KHAN v. THE STATE OF ASSAM

AB/936/2026 · 2026-05-19

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010089002026 2026:GAU-AS:6981 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/936/2026 SULTAN ALI KHAN S/O MD. ALIMUDDIN KHAN, RESIDENTOF DEHING T.E, PO AND PS MARGHERITA, DIST TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. N HASAN Advocate for the Respondent : MR. RR KAUSHIK, APP, ASSAM, BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 20.05.2026 Heard Mr. N. Hassan, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor. Page No.# 2/3 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of pre-bail to the accused/petitioner namely Sultan Ali Khan, in connection with Tinsukia P.S Case No. 57/2026 u/s 74/75(2)/79/351(2) of the BNS, 2023. 3. CD as called for has been received. 4. The allegation against the petitioner is that he is the Principal of the institute where the informant/ victim, was an employee, working as a teacher, and by abusing his position as Principal, he committed sexual assault upon the informant/victim and had been sexually harassing her in a continuous manner. 5. The learned counsel for the petitioner submits that there was a consensual relationship between the petitioner and the informant, but subsequently, on the instance of the victim's boyfriend, the instant FIR has been lodged against the petitioner. 6. Further, the CD as called for has been received wherein the statements of the victim, as well as witnesses, are available. 7. Having perused the same, there are sufficient incriminating materials Page No.# 3/3 against the petitioner. Further, as per the report of the IO, the petitioner has been evading arrest since 14.03.2026, because of which the CCTV footage of the institute could not be obtained as they were under lock and key and under the control of the petitioner, and in the event of pre-arrest bail, there is every possibility of the petitioner intimidating the witnesses. 8. Having regard to the incriminating material available and the serious nature of the allegations relating to sexual harassment of a woman at her workplace by her superior, I do not consider the present to be a fit case for grant of pre-arrest bail. 9. Consequently, the prayer stands rejected, and the petition stands dismissed. 10. Send back the CD. JUDGE Comparing Assistant