Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 869 (GAU)

HASIBUL HUSSAN ALIAS HASIBUL ISLAM AND 3 ORS. v. THE STATE OF ASSAM

AB/279/2026 · 2026-02-24

Anjan Moni Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010023602026 2026:GAU-AS:2929 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/279/2026 HASIBUL HUSSAN ALIAS HASIBUL ISLAM AND 3 ORS. S/O AYNAL HOQUE, R/O VILL SHADULLABARI, PO KALAPANI, PS SOUTH SALMARA,DIST SOUTH SALMARA MANKACHAR, ASSAM, PIN 783135 2: AYNAL HOQUE S/O LATE HAYET ALI SHEIKH R/O VILL SHADULLABARI PO KALAPANI PS SOUTH SALMARA DIST SOUTH SALMARA MANKACHAR ASSAM PIN 783135 3: SHIRAJUL HOQUE S/O ABDUS SOBUR SHEIKH R/O VILL BORORAVATARY PART II SOLIA PO RAVATARI PS SOUTH SALMARA DIST DHUBRI ASSAM PIN 783127 4: ANJUNARA KHATUN ALIAS MAMTAZ BEGUM D/O AYNAL HOQUE W/O SHIRAJUL HOQUE RO VILL BORORAVATARY PART II SOLIA PO RAVATARI PS SOUTH SALMARA DIST DHUBRI ASSAM PIN 78312 Page No.# 2/4 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, MR A ALIM SK,MS. N NASRIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.02.2026 1. Heard Ms. N. Nasrin, learned counsel for the accused applicant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 482 of the BNSS for granting of anticipatory bail in connection with South Salmara P.S. Case No. 171/2025 under Section 61(2)/87/3(5) of the BNS. 3. An FIR was lodged on 15.12.2025 regarding the missing of the daughter of the informant, wherein it was alleged that accused applicants No. 2, 3, and 4 the girl to be married to accused applicant No. 1. It was further alleged that, when the informant’s family refused Page No.# 3/4 the proposal on the ground that the girl was a minor at that time, the accused persons took her to an unknown place. Consequently, a missing report was lodged with the police. On receipt of the FIR, the police registered South Salmar P.S. Case No. 171/2025 under Sections 61(2), 87, and 3(5) of the BNS. 4. It is seen from the case diary that the girl returned to her home on her own on the very same date of the alleged occurrence. 5. On perusal of the Case Diary, it is seen that there is no prima facie material against the accused applicants. Therefore, this Court is of the considered opinion that the accused applicants should be granted pre- arrest bail upon furnishing a bail bond of Rs. 20,000/- each with a surety of the like amount to the satisfaction of the Investigating Officer in connection with South Salmara P.S. Case No. 171/2025, subject to the following conditions: i. That the accused applicants shall appear before the IO within period of 10 days from passing of this order. ii. That the accused applicants shall not try to Page No.# 4/4 contact either the girl or the family members during the investigation of the case. iii. That the accused applicants shall co-operate with the investigation. 6. In terms of the aforesaid directions, the instant AB application is disposed of as allowed. JUDGE Comparing Assistant