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2026 DAILYLAW 904 (GAU)

SEKH FORID ALI ALIAS SHEIKH FORID ALI v. THE STATE OF ASSAM

Bail Appln./642/2026 · 2026-03-09

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010042522026 2026:GAU-AS:3485 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./642/2026 SEKH FORID ALI ALIAS SHEIKH FORID ALI S/O MONNAS ALI, R/O SONAPUR RESERVE GAON, P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 10-03-2026 Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for Page No.# 2/4 grant of bail to the accused/petitioner, namely, Md. Sekh Forid Ali @ Sheikh Forid Ali who was arrested on 20.02.2026 in connection with Bihpuria P.S. Case No. 244/2025 under Sections 109/112/118(1)/121(2)/126/127/191(2)/191(3)/296/324(4)/324(5)/61(2)/3(5) of BNS, 2023. 3. Mr. Chowdhury, learned counsel submitted that from the FIR itself it is seen that on the date of incident, police visited the place of occurrence to arrest one Baharul Islam in connection with same case, but all the police officers were in civil dress and they also took private vehicle in place of a police vehicle. When they apprehended the accused Baharul Islam, he raised hue and cry and lots of nearby people came and gathered there as many people present there, who were watching the Cricket match in television. All the persons who gathered there had the impression that some persons may try to kidnap one person, namely Baharul Islam, who made hue and cry and with that intention some of the people gathered in the place of occurrence, when police arrested some of the accused persons. 4. The present petitioner got arrested in connection with the case on on 20.02.2026 and thus the I/O got sufficient opportunity to interrogate the accused/petitioner when he is in custody. Further, he submitted that the accused/petitioner being the permanent resident of his addressed locality will appear before the I/O as and when his cooperation is required. Further he submitted that all the accused/persons are already granted bail and considering the case of the petitioner on the same footing, his prayer may also be considered. 5. Mr. Borthakur, the learned Addl. PP submitted in this regard that from the allegation made in the FIR, it is seen that the present petitioner along with Page No.# 3/4 some other persons have attacked the police persons who visited to the place of occurrence in a civil dress in a private vehicle only to maintain secrecy. However, he submitted in the last occasion, the Case Diary was perused wherefrom it is seen that one police personnel also sustained minor injuries. However, Mr. Borthakur raised objection and submitted that Case Diary will be required to know the involvement of the present petitioner. 6. Considering the submissions made by the learned counsel for both sides and also considering the bail orders submitted by learned counsel for the petitioner, considered for the other accused/persons, I find that further custodial interrogation may not be required for the interest of investigation. Hence, I find it is a fit case to enlarge the accused/petitioner on bail. 7. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Lakhimpur, North Lakhimpur. The accused/petitioner, namely Md. Sekh Forid Ali @ Sheikh Forid Ali be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Lakhimpur, North Lakhimpur without prior permission. Page No.# 4/4 The Bail Application stands disposed of. JUDGE Comparing Assistant