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2026 DAILYLAW 7222 (GAU)

MONNAF ALI, v. THE STATE OF ASSAM

AB/1134/2026 · 2026-05-31

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010104752026 2026:GAU-AS:7603 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1134/2026 MONNAF ALI, SON OF MUBARAK ALI, RESIDENT OF VILLAGEBISANDAI PART-I, POLICE STATION- GOLAKGANJ, DISTRICT- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 01.06.2026 Heard Mr. M. Ahmed, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. B. Sarma, learned Addl. P.P., representing the State. 2. This application has been filed under Section 482 of the BNSS, 2023, praying for granting pre-arrest bail to the accused-applicant, namely, Monnaf Ali, in Page No.# 2/3 connection with Golakganj P.S. Case No. 91/2026, registered under Sections 69/351(2) of the BNS, 2023. 3. An FIR was lodged by the informant on 20.04.2026, alleging that the accused- applicant, on many occasions, established physical relationship with her on the pretext of marriage. It was also alleged in the FIR that with the false promise of marriage, the informant was invited to the house of the accused-applicant and thereafter, established physical relationship with her. It was alleged that after commission of such act on many occasions, with the instigation of his family members, the accused-applicant threatened and tortured her and avoided the marriage with her. It was alleged that there were certain incidents of blackmailing, using her private photographs and videos. 4. The learned counsel appearing for the accused-applicant submits that the accused-applicant, in fact, wanted to marry her and was in a serious relationship with the informant, but due to certain objections of the family, he could not marry her. The learned counsel submits that though they had physical relationship on many occasions, the relationship was consensual in nature and not a forceful one. He further submits that the accused-applicant shall cooperate with the investigation in the event of his release on pre-arrest bail. 5. Mr. B. Sarma, learned Addl. P.P., opposes the prayer for bail of the accused- applicant. 6. Taking into account, the submissions made before this Court and the allegations made in the FIR, this Court is of the considered opinion that this is a fit case wherein the privilege of anticipatory bail application can be granted to the accused-applicant. Therefore, it is directed that in the event of the arrest of the accused-applicant by the investigating authority in connection with Golakganj P.S. Case No. 91/2026, the accused-applicant shall be released on bail on furnishing a Page No.# 3/3 bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with a surety of like nature to the satisfaction of the arresting authority, subject to the following conditions: - (1) That the accused-applicant shall appear before the Investigating Officer within 10(ten) days of passing of this order. (2) That the accused-applicant shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case. (3) The accused-applicant shall neither hamper the investigation nor tamper with any evidence nor influence any witnesses connected with the case. 7. In view of the aforesaid directions, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant