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2026 DAILYLAW 7416 (GAU)

ABDUL MANNAF AND 7 ORS v. THE STATE OF ASSAM

AB/488/2026 · 2026-06-03

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/4 GAHC010047502026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/488/2026 ABDUL MANNAF AND 7 ORS S/O LATE RUPCHAN ALI R/O MOWAMARI PART-I, P.O. PAGLAHAT P.S.KAZIGAON BTAD, DIST. KOKRAJHAR, ASSAM 2: SHAH ALOM SK. @ SAHALAM SHEIKH S/O RUPCHAN ALI R/O MOWAMARI PART-I P.O. PAGLAHAT P.S.KAZIGAON BTAD DIST. KOKRAJHAR ASSAM 3: ASHRAFUL HOQUE @ ASHRAFUL ALI SON OF SAHALAM SHEIKH R/O MOWAMARI PART-I P.O. PAGLAHAT P.S.KAZIGAON BTAD DIST. KOKRAJHAR ASSAM 4: INDAZUL HOQUE @ ENDADUL HOQUE SON OF SAHALAM SHEIKH R/O MOWAMARI PART-I P.O. PAGLAHAT P.S.KAZIGAON BTAD Page No.# 2/4 DIST. KOKRAJHAR ASSAM 5: RAHUL SK. @ RAHUL ALI S/O SAHALAM SHEIKH R/O MOWAMARI PART-I P.O. PAGLAHAT P.S.KAZIGAON BTAD DIST. KOKRAJHAR ASSAM 6: JIYARUL HOQUE @ JIARUL ALI SON OF SAHALAM SHEIKH R/O MOWAMARI PART-I P.O. PAGLAHAT P.S.KAZIGAON BTAD DIST. KOKRAJHAR ASSAM 7: ASHIK SK. @ ASHIK PRADHANI SON OF ABDUL MANNAF R/O MOWAMARI PART-I P.O. PAGLAHAT P.S.KAZIGAON BTAD DIST. KOKRAJHAR ASSAM 8: AJIMUL BAKSHI @ AZMOL PRADHANI SON OF ABDUL MANNAF R/O MOWAMARI PART-I P.O. PAGLAHAT P.S.KAZIGAON BTAD DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Page No.# 3/4 Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M HUSSAIN,MR. M RAHMAN,MR. N ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2026 Heard Md. N Uddin, the learned counsel appearing for the petitioners. Also heard Mr. R J Baruah, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 in respect of Kazigaon P.S. Case No. 75/2025 praying for grant of pre-arrest bail to the petitioners. 3. On 09.11.2025, at about 10 P.M., while Abdul Hai was working in the field, the petitioners along with some other persons had entered the land and attacked him with sharp weapons on his head and other parts of the body. On the other hand, the present petitioners also lodged an FIR before police alleging that Abdul Hai and some other persons had entered into their land and cause damage and assaulted them with sharp weapons. 4. Be that as it may be, here in this case, injuries were caused to the victim by sharp weapons. 5. There are sufficient incriminating materials in the case diary against the petitioner Nos. (1) Abdul Mannaf, (2) Shah Alom Sk. @ Sahalam Sheikh, (3) Ashraful Hoque @ Ashraful Ali and (4) Indazul Hoque @ Endadul Hoque. Therefore, their prayer for anticipatory bail is rejected. 6. There are no materials in the case diary against the petitioner Nos. 6. Jiyarul Hoque @ Jiarul Ali, (7) Ashik Sk. @ Ashik Pradhani and (8) Ajimul Bakshi @ Azmol Pradhani. Therefore, this Court is of the opinion that they do not deserve to be detained in custody. Page No.# 4/4 7. Accordingly, the interim bail granted by this Court on 10.03.2026 to the petitioner Nos. (6) Jiyarul Hoque @ Jiarul Ali, (7) Ashik Sk. @ Ashik Pradhani and (8) Ajimul Bakshi @ Azmol Pradhani is hereby made absolute. 8. There is also no material against the petitioner No.(5) Rahul Sk.@ Rahul Ali. He has not been implicated by the victim, though some witnesses have implicated him. For this reason, the prayer for pre-arrest bail of the petitioner No. (5) Rahul Sk. @ Rahul Ali is allowed. 9. It is hereby directed that in the event of arrest of the petitioner No. (5) Rahul Sk. @ Rahul Ali in respect of Kazigaon P.S. Case No. 75/2025, he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of arresting authority. With the aforesaid direction, the present bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant