NUR HAQUE ALIAS NUR HAQUE ALI AND ANR v. THE STATE OF ASSAM
AB/1028/2026 · 2026-05-18
Parthivjyoti Saikia
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6598 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6598 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010093932026
2026:GAU-AS:6877
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1028/2026 NUR HAQUE ALIAS NUR HAQUE ALI AND ANR SON OF LATE GAMBHINA ALI RESIDENT OF MADHAPUR, P.S. MUKALMUA, DIST. NALBARI, ASSAM.
2: JEHERUL ISLAM SON OF NUR HAQUE @ NUR HAQUE ALI RESIDENT OF MADHAPUR P.S. MUKALMUA DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER Date : 19.05.2026
1. Heard Mr. H. Ali, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Mukalmua P.S. Case No.43/2026.
3. The wife of Mamtaz Ali had eloped with Nazrul Ali. the present petitioner, Nur Haque @ Nur Haque Ali is the father of Nazrul Ali and the petitioner, Jehrul Islam is the brother of Nazrul Ali.
4. It is alleged in the FIR that the woman while going with Nazrul Ali had taken away a large amount of cash money with her. Thereafter, both Nazrul Ali and the woman threatened Mamtaz Ali with dire consequences. Ultimately, Mamtaz Ali committed suicide by hanging.
5. The learned Additional Public Prosecutor submitted that the Police has alleged murder of Mamtaz Ali.
6. I have given my anxious consideration to the submissions made by the
learned counsel for both sides.
7. This Court is of the opinion that there are no specific materials against the petitioners, namely, Nur Haque @ Nur Haque Ali and Jehrul Islam in this case to justify the detention in custody. Therefore, their pre-arrest bail application is allowed.
Page No.# 3/3
8. It is hereby directed that in the event of arrest in connection with Mukalmua P.S. Case No.43/2026, the petitioners, Nur Haque @ Nur Haque Ali and Jehrul Islam shall be released on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the arresting authority.
9. Both the petitioners shall co-operate with the Police Investigating Officer as and when called for.
10. With the aforesaid direction, this pre-arrest bail application stands disposed of.
JUDGE Comparing Assistant