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2026 DAILYLAW 9500 (GAU)

MAHALI SHEIKH AND 2 ORS. v. THE STATE OF ASSAM

AB/1558/2026 · 2026-07-14

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010141792026 2026:GAU-AS:9626 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1558/2026 MAHALI SHEIKH AND 2 ORS. S/O-LATE-TOSOR ALI VILL-NABAGATA SIMLITOLA. P.S-MATIA, DIST- GOALPARA, ASSAM. 2: ABDUL GONI AHMED S/O-KAJEM ALI. VILL-GERUA P.S-RANJULI DIST-GOALPARA ASSAM. 3: ABDUL GOFUR MONDAL S/O-JALAL UDDIN MONDAL. VILL-BGHMARA CHAR P.S-ALOPATI CHAR DIST-BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENT BY THE P.P ASSAM. Advocate for the Petitioner : MR. M HOQUE, MD A ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15-07-2026 Heard Mr. N. J. Dutta, learned counsel for the accused applicants and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the applicants in connection with Goalpara P.S. Case No. 123/2026 under Sections 69/88/308(2)/3(5) of the BNS, 2023. 3. The gist of the case is that an FIR was lodged by one Salma Sultana Sheikh on 06.07.2026 before the Officer-in-Charge of Goalpara Police Station, alleging, inter alia, that she came into contact with one Jahedul Islam through Facebook and that they became involved in a love relationship. It was alleged that the said Jahedul Islam expressed his desire to marry her and started visiting her residence. It was further alleged that, on 17.09.2024, when she went to Guwahati for admission purposes, the aforesaid Jahedul Islam took her to his rented house, expressed his love for her, promised to marry her within 6 (six) months and had sexual intercourse with her. Thereafter, on several occasions, the informant and the aforesaid Jahedul Islam had sexual relations with each other. However, the aforesaid Jahedul Islam did not keep his promise and refused to marry her. During the course of their relationship, she underwent an abortion. It was further alleged that when she informed the accused applicant Nos. 1, 2 and 3 in the instant application, who are the father, maternal uncle and son of the maternal uncle of Jahedul Islam, respectively, they demanded Rs. 14,00,000/- and a car from her. Page No.# 3/4 4. Upon receipt of the FIR, the police registered Goalpara P.S. Case No. 123/2026 under the aforementioned sections. 5. Mr. Dutta, learned counsel for the accused applicants, submits that the allegations are primarily against the aforesaid Jahedul Islam, who has already been arrested by the police. He submits that there are no allegations against the accused applicants in relation to the commission of any offence against the informant, except the alleged demand for Rs. 14,00,000/- and a car. He further submits that the allegations made against them are incorrect and that they are in no way connected with the offences narrated in the FIR. In view of the aforesaid, he submits that the accused applicants should be granted the privilege of pre-arrest bail. 6. Taking into account the entire facts and circumstances of the case and upon perusal of the FIR, this Court is of the considered opinion that the accused applicants should be granted the privilege of pre-arrest bail at this stage. 7. Accordingly, it is directed that, in the event of the arrest of the accused applicants by the arresting authority, they shall be released on interim pre-arrest bail upon furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) each, with one surety of the like amount to the satisfaction of the arresting authority, in connection with Goalpara P.S. Case No. 123/2026, subject to the following conditions: i. that the accused applicants shall appear before the investigating officer within 10 (ten) days from passing of this order; ii. that the accused applicants shall cooperate with the investigation and make themselves available before the Page No.# 4/4 investigating authority as and when called for; and iii. that the accused applicants shall not directly or indirectly try to hamper or tamper with the investigation in the instant case. 8. In view of the above directions, the pre-arrest bail application stands disposed of as allowed. JUDGE Comparing Assistant