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2026 DAILYLAW 8006 (GAU)

MD SURAJ ALI ALIAS SURAJ ALI v. THE STATE OF ASSAM

AB/1254/2026 · 2026-06-10

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010115812026 2026:GAU-AS:8328 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1254/2026 MD SURAJ ALI ALIAS SURAJ ALI C/O-M/S-MASUD ENTERPRISE S/O-MESER ALI VILLAGE- RANIPUKHURI P.S. DIST. UDALGURI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM. Advocate for the Petitioner : MD. A HUSSAIN, MR. T ISLAM,MR. K ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11.06.2026 Heard Md. A. Hussain, learned counsel for the accused/ applicant. Also heard Mr. D.P. Goswami, learned APP for the State. 2. This is an application filed under Section 482 of the BNSS, 2023 praying for granting transit anticipatory bail to the accused/ applicant, namely, Page No.# 2/3 Md. Suraj Ali @ Suraj Ali, in connection with Barwapatti P.S. Crime Case No. 99/2024 under Sections 308(2)/ 318(2) of BNS, 2023 registered at Barwapatti Police Station, District- Kushinagar, Uttar Pradesh. 3. It is the case of the accused/ applicant that he has received one undated notice under Section 35(3) of the BNSS from the investigating officer of Barwapatti Police Station, District- Kushinagar, Uttar Pradesh in connection with Barwapatti P.S. Crime Case No. 99/2024 under 308(2)/ 318(2) of the BNS to appear before the concerned police station. It is contended that though the notice was received by him and since there is no time provided in the aforesaid notice, the accused/ applicant could not go and appear before the aforesaid police station. It is contended that later on, the accused/ applicant found out from an intimation to the Officer-In-Charge of Udalguri P.S. by the Officer-In-Charge of Barwapatti P.S. dated Nil, January, 2026 that there is some allegation against the accused/ applicant regarding transfer of an amount of Rs.12,00,000/- (Rupees Twelve Lakhs only) in his account maintained in Bandhan bank. 4. The learned counsel appearing for the accused/ applicant submits that he is willing to appear before the concerned police station and since he is an illiterate person he requires some time to go to Kushinagar and appear before the concerned P.S. Accordingly, he prays for the privilege transit anticipatory bail so that he can go and approach the appropriate jurisdictional Court for proper anticipatory bail. 5. Taking into account the aforesaid facts, it is directed that in the 15 (fifteen) days time from passing of this order is allowed to the accused/ applicant to approach the appropriate Court for pre-arrest bail, if so advised. Page No.# 3/3 6. Accordingly, it is directed that in the event of his arrest by the arresting authority in connection with Barwapatti P.S. Crime Case No. 99/2024, he shall be released on bail on furnishing of bail bond of Rs. 30,000/- (Rupees Thirty thousand) with a surety of like nature to the satisfaction of the arresting authority. 7. It is directed that within 15(fifteen) days from passing of this order, the accused/ applicant shall approach the appropriate Court having jurisdiction for further relief, if so advised. 8. In view of the aforesaid directions, the instant AB application is disposed of. JUDGE Comparing Assistant