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2026 DAILYLAW 6748 (GAU)

ABDUR RAHMAN v. THE STATE OF ASSAM

AB/877/2026 · 2026-05-25

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/2 GAHC010083672026 2026:GAU-AS:7278 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/877/2026 ABDUR RAHMAN SON OF FAKAR UDDIN RESIDENT OF VILL- JANIA P.O. JANIA, P.S. BARPETA, PIN-781314, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S A HUSSAIN, MR D J HALOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 26-05-2026 Heard Mr. D J Haloi, the learned counsel for the petitioner. Also heard Mr. B Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/2 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioner, namely, Abdur Rahman in connection with Barpeta P.S. Case No. 21/2026 under Sections 61(2)/191(3)/329(4)/324(5)/309(4)/351(2) BNS, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Haloi that after obtaining the order of interim pre- arrest bail he appeared before the I/O and cooperated in the investigation of this case. However, he is still ready and willing to extend his cooperation in further investigation of this case. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that from the materials available in the Case Diary it reveals that initially the hotel belongs to the present petitioner which was sold to the informant and there was allegation of some immoral activities in the hotel for which the public vandalized the hotel. However, it is the allegation of the informant that as per instigation of the present petitioner, the villagers had took such step. 6. Considering the submission made by learned counsels for both sides, materials in the Case Diary, I find that custodial interrogation may not be necessary for the purpose of investigation and accordingly I find it a fit case to extend the privilege of pre-arrest bail to the present petitioner. 7. Hence, the order of interim bail dated 04.05.2026 is hereby made absolute under the same terms and conditions. JUDGE Comparing Assistant