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2026 DAILYLAW 6530 (GAU)

KISMAT ALI v. THE STATE OF ASSAM

AB/873/2026 · 2026-05-19

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010091462026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AB/873/2026 KISMAT ALI S/O LATE MAJIBAR RAHMAN R/O KHOPNIKUCHI P.S. HAJO DIST. KAMRUP (R) ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP ASSAM ------------ Advocate for : MR. S M MOLLAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --20.05.2026 Page No.# 2/3 Heard Mr. S M Mollah, the learned counsel for the petitioner. Also heard Mr. D P Goswami, the learned Addl. PP appearing on behalf of State respondent. 2. This is an application u/s 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the accused/petitioner in connection with Hajo P.S. Case No. 146/2026 u/s 329(3)/351(3)/191(2)/191(3)/115(2)/117(2)/ 74/75/324(4)/324(5)/326(g) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Mollah that the present accused/petitioner has already appeared before the I/O after obtaining the order of interim pre-arrest bail and extended his cooperation in further investigation of the case. It is further submitted that initially the same informant had instituted an FIR against the present petitioner but as it was of bailable offence, subsequently another FIR is lodge inserting some non-bailable sections. It is basically civil dispute which arose for a land dispute and with false and concocted allegation, the FIR has been lodged. However, he has appeared before the I/O and still ready and willing to extend his cooperation in further investigation of the case. 5. Mr. Goswami, the learned Addl. PP submitted in this regard that the petitioner had already appeared and his statement is also available in the Case Diary. However, the Injury Report is not available in the Case Diary though there is some incriminating materials against the accused/petitioner showing his involvement in the alleged offence. 6. Considering the submissions made by learned counsels for both sides, perusing the Case Diary and other aspects of the case, this Court is of the opinion that petitioner is entitled for pre-arrest bail. Page No.# 3/3 7. Hence, the order of interim pre-arrest bail dated 30.04.2026 is hereby made absolute under the same terms and conditions. 8. The anticipatory bail application is disposed of. JUDGE Comparing Assistant