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2026 DAILYLAW 7102 (GAU)

KURBAN ALI v. THE STATE OF ASSAM

AB/1127/2026 · 2026-05-31

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010104452026 2026:GAU-AS:7545 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1127/2026 KURBAN ALI S/O GUL MUHAMMAD, R/O BONIYABARI, PS SIVASAGAR, DIST SIVASAGAR, ASSAM, PIN 785640 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : B BURAGOHAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01-06-2026 1. Heard learned counsel Mr. B. Buragohain for the petitioner Kurban Ali who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Dibrugarh Police Station Case No. 75/2026 under Section 77of Page No.# 2/2 the BNS, 2023 R/W Sections 66E/67 of the I.T. Act. 2. Heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State. 3. The allegation against the petitioner is that he has created a group and circulated objectionable photographs and videos through the group defaming the victim 'X'. 4. Learned Additional Public Prosecutor has accepted notice on behalf of the respondent State. 5. It is submitted that all the offences are bailable and thereby, there is no apprehension of arrest and the petition under Section 482 of the BNSS, 2023 is not maintainable. 6. I have considered the submissions at the Bar with circumspection. 7. Considering the submissions at the Bar, the petitioner is at liberty to approach the Jurisdictional Court and apply for bail which may be considered by the Court in accordance with Law. 8. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant