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2026 DAILYLAW 7968 (GAU)

AKHIRUL ISLAM SARKAR ALIAS AMIRUL ISLAM ALIAS ROSE v. THE STATE OF ASSAM

AB/841/2026 · 2026-06-11

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010074892026 2026:GAU-AS:8394 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/841/2026 AKHIRUL ISLAM SARKAR ALIAS AMIRUL ISLAM ALIAS ROSE SON OF ABDUL BATEN RESIDENT OF VILLAGE - KAWAHAGI, P.SSOUTH SALMARA, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM, PIN - 783131. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. K M HASSAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 12-06-2026 Heard Mr. K.M. Hassan, the learned counsel appearing for the accused- applicant. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicant in connection with South Salmara Police Station Case No. 233/2013 under Sections 364(A)/34 of the Indian Penal Code, 1860, which has been registered as PRC Case No. 663/2024 pending before the Court of learned Judicial Magistrate First Class, South Salmara, Mankachar. 3. The learned counsel appearing for the accused-applicant submits that vide an order dated 29.11.2014, the accused-applicant was granted interim bail and since then, he has been out of the jail. He submits that though he has been granted absolute bail, however, the same is not on record and in view of the aforesaid, the accused-applicant is apprehending that he may be arrested if he appears before the Judicial Magistrate First Class, South Salmara, Mankachar. 4. The learned counsel appearing for the accused-applicant submits that in view of the sections involved in the instant case if he appears before the Judicial Magistrate First Class, South Salmara, Mankachar, he may be arrested. He submits that he is willing to appear before the Court and fully cooperate with the trial of the case. Therefore, he should be allowed to go on pre-arrest bail at this stage. 5. The Trial Court Record in the instant case has been received. It is seen that the next date fixed is 22.06.2026. 6. Taking into account the entire facts of the case, this Court is of the considered opinion that the accused-applicant should be granted bail, so that Page No.# 3/3 the accused-applicant can appear before the learned Court of Judicial Magistrate First Class, South Salmara, Mankachar. Accordingly, it is directed that in the event of arrest of the accused-applicant, the accused-applicant shall be released on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like nature to the satisfaction of the learned Judicial Magistrate First Class, South Salmara, Mankachar, subject to the condition that :- The accused-applicant shall appear before the learned Court of Judicial Magistrate First Class, South Salmara, Mankachar, on the next date fixed i.e. on 22.06.2026. 7. In the above terms, the instant Anticipatory Bail application is disposed of. 8. Send back the Trial Court Record. JUDGE Comparing Assistant