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2026 DAILYLAW 742 (GAU)

MD JUWEL ALI v. THE STATE OF ASSAM

Bail Appln./168/2026 · 2026-01-26

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010010872026 2026:GAU-AS:860 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./168/2026 MD JUWEL ALI S/O LT BAHAJUDDIN, R/O JAYANTIPUR KALIABAR, PO KUWARITAL, PS KALIABAR, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. G BORAH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 27-01-2026 Heard Ms. G. Borah, the learned counsel for the petitioner and also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 15.01.2026 in connection with Tezpur P.S. Case No. 035/2025 u/s 74/76/118(2)/109(1)/351(2)/3(5) of BNS Act. 3. The brief of the case is that the complainant lodged an FIR stating that on 12.01.2026 at about 06.00 PM, when she was reversing her vehicle at the road from Jonaki to Tezpur Market, the vehicle hit the motorcycle of the FIR named accused no. 1, Iftikar Hazarika. The complainant then left her vehicle to ask accused no. 1, when he began shouting at the complainant using obscene languages and forcefully touched her private parts. Then the complaint’s husband and father-in-law came to rescue her when the accused no. 1 along with accused no. 2. Joyson Hazarika and several others came and with the intent to kill, physically assaulted the complaint’s husband and father-in-law causing grievous injuries after which they left. While leaving, the accused persons threatened them saying ‘Hindu Dominance won’t work (Hindu Adhipatya Nosolibo). Hence the case. 4. After perusal of the Forwarding Report in respect of the present petitioner it appears that the role of present petitioner is that he has provided shelter to the main accused/persons who were absconding and avoiding arrest. It is the submission made by learned counsel for the petitioner that even if the said allegation is accepted at its face value, Section 249 of BNS be attracted which is bailable in nature. 5. Having regard to the contents of the Forwarding Report, I find force in the submission of the learned counsel for the petitioner and from the date of his arrest, the petitioner has by now spent 12 days in custody. Considering the submissions made by learned counsel for both sides, the bail petition is allowed. Page No.# 3/3 6. Accordingly, the accused/petitioner namely Md. Juwel Ali be released on bail on furnishing a bond of Rs. 50,000/- (Rupees Fifty thousand) only) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur. The accused/petitioner, namely Md. Juwel Ali, be enlarged on bail, subject to the condition that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required. The Bail Application stands disposed of. JUDGE Comparing Assistant