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2026 DAILYLAW 8169 (GAU)

JOWAHER ALI AND 4 ORS v. THE STATE OF ASSAM

AB/1056/2026 · 2026-06-14

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010099842026 2026:GAU-AS:8525 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1056/2026 JOWAHER ALI AND 4 ORS S/O LATE ABDUL KHALEK R/O. VILL SHILAPATNI, P.O-CHENGLIMARI, P.S- PATACHARKUCHI, DIST- BAJALI, ASSAM. 2: KAYEM UDDIN S/O JOWAHER ALI R/O. VILL SHILAPATNI P.O-CHENGLIMARI P.S- PATACHARKUCHI DIST- BAJALI ASSAM. 3: KAJALI KHATUN ALIES KAJULI BEGUM W/O JOWAHER ALI R/O. VILL SHILAPATNI P.O-CHENGLIMARI P.S- PATACHARKUCHI DIST- BAJALI ASSAM. 4: MONOWARA KHATUN W/O KASHEM ALI R/O. VILL SHILAPATNI P.O-CHENGLIMARI P.S- PATACHARKUCHI DIST- BAJALI ASSAM. 5: ALIA KHATUN W/O KAYEM UDDIN R/O. VILL SHILAPATNI P.O-CHENGLIMARI P.S- PATACHARKUCHI Page No.# 2/3 DIST- BAJALI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED, BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 15.06.2026 Heard Mr. R. Ali, learned counsel for the petitioners. Also heard the learned Additional Public Prosecutor. This is an application filed under Section 483 of BNSS, 2023 for granting pre-arrest bail to the petitioners. The very lengthy FIR has been lodged in the instant case, the sum and substance of which is that pursuant to a land dispute between the informant’s side and the accused side, the accused persons severely assaulted members of the informants’ side with weapon causing serious injuries. The case diary as called for has been produced alongwith injury report which indicates simple injuries only. Page No.# 3/3 Pursuant to interim protection granted by Order dated 22.05.2026, the petitioner Nos. 3 and 5 appeared before the Investigating Officer and their statements have also been recorded. Having regard to the nature of the injuries, the custodial interrogation of the petitioners is not considered necessary. Accordingly, the prayer for bail is allowed. Interim order in respect of petitioner Nos. 3 and 5 is hereby made absolute. Further the petitioner Nos. 1, 2 and 4 are also directed to be released on bail in the event of their arrest in connection with Patacharkuchi P.S. Case No. 46/2026 on furnishing a bail bond of Rs. 50,000/- with 1 surety each of the like amount. It is further directed that the petitioner shall co-operate with the investigation and shall not intimidate the witnesses. The bail application stands disposed of. JUDGE Comparing Assistant