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2026 DAILYLAW 8308 (GAU)

NAZIMUDDIN SHEIKH AND 10 ORS v. THE STATE OF ASSAM

AB/908/2026 · 2026-06-15

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010085572026 2026:GAU-AS:8629 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/908/2026 NAZIMUDDIN SHEIKH AND 10 ORS S/O INSAR ALI 2: KITAP ALI ALIS KITAB ALI SHEIKH S/OL AE SOHRAB ALI 3: INZAMAMUL SHEIKH S/O KITAP ALI 4: TARIF ALI SHEIKH ALIAS TARIF S/O KABIL UDDIN SHEIKH 5: SIRAJUL ALI ALIAS HAIDAR S/O LATE KADER ALI SHEIKH 6: SIRAJUL HOQUE S/O INSAR ALI 7: AKHERI GOLAP HUSSAIN S/O INSAR ALI 8: BOBIDUL SHEIKH LIAS BOBIDUL ALI SHEIKH S/O INSAR ALI 9: RUSTOM ALI S/O LATE SOHRAB ALI 10: KABIL UDDIN SHEIKH S/O LATE JOBAN ALI SHEIKH 11: ABDL MOZID ALI ALIAS ABDUL MOZID S/O AKBAR ALI ALL ARE R/O VILL. POPRAGAON PART I Page No.# 2/4 P.S. BONGAIGAON DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MD. I HUSSAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 16.06.2026. Heard Md. I. Hussain, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned Addl. P.P., Assam appearing on behalf of the respondent State. This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, (1) Nazimuddin Sheikh, (2) Kitap Ali @ Kitab Ali Sheikh, (3) Inzamamul Sheikh, (4) Tarif Ali Sheikh @ Tarif, (5) Sirajul Ali @ Haidar, (6) Sirajul Hoque, (7) Akheri Golap Hussain, (8) Bobidul Sheikh @ Bobidul Ali Sheikh, (9) Rustom Ali, (10) Kabil Uddin Sheikh and (11) Abdl Mozid Ali @ Abdul Mozid, who are apprehending arrest in connection with the Bongaigaon P.S. Case No. 73/2026 (corresponding to G.R. Case No.133/2026), registered under Sections 127(2)/189(2)/ 74/76/304(2)/ 117(2)/ 308(2)/351(2) of the BNS, 2023. Page No.# 3/4 The case diary is received and perused the same. It is submitted by Md. I. Hussain, the learned counsel that all the present accused petitioners, after obtaining the order of interim pre-arrest bail dated 05.05.2026, appeared before the I.O. and extended their cooperation with the investigation of this case. He further submitted that except some altercation and quarrel between two groups, no such incident had happened as alleged in the FIR. He further submitted that the petitioners being the responsible people of the locality, only raised objection in financial misconduct while constructing the road by the informant and on that context only, there was a quarrel between two groups. However, the present petitioners are still ready and willing to extend their cooperation in further investigation of this case if needed, if they are provided with the privilege of pre-arrest bail. Mr. Parasar, learned Addl. P.P., Assam submitted in this regard that some quarrel and altercation took place between two groups and some of the persons stated to be injured. However, as per the injury report, one victim sustained simple injury and no physical injury was detected at the time of examination of other three victims. He further submitted that all the accused petitioners have appeared before the I.O. and their statements were recorded and also extended their cooperation during investigation. Hearing the submissions made by learned counsel for both sides and considering the materials available in the case diary vis-à-vis the medical report and other aspects of the case, this Court is of the opinion that custodial interrogation of the accused petitioners may not be necessary for the interest of the investigation. Page No.# 4/4 In view of this, the order of interim pre-arrest bail granted to the accused petitioners on 05.05.2026, is hereby made absolute with same terms and conditions. With the above observation, the present bail petition stands disposed of. JUDGE Comparing Assistant