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Gauhati High Court
Page No.# 1/6 vs The State Of Assam on 13 February, 2026
Page No.# 1/6
GAHC010001542026
2026:GAU-AS:2071
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/79/2026
SANOWAR ALI AND 15 ORS.
S/O DAJUMUDDIN SHEIKH
R/O VILL MARAGADADHAR CHAR, P.S- TAMARHAT, DIST DHUBRI, ASSAM
2: DAJUMUDDIN SHEIKH
S/O LATE CHENATULLA SHEIKH
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
3: MAJURUDDIN SHEIKH @ MAJIRUDDIN ALI
S/O LATE CHENATULLA SHEIKH
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
4: ARPAN ALI
S/O DAJUMUDDIN SHEIKH
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
5: AHIDUR SK
S/O DAJUMUDDIN SHEIKH
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
6: AJAJUL HOQUE @ EJAJUL HOQUE
Page No.# 2/6
S/O DAJUMUDDIN SHEIKH
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
7: SAHJAMAL SK @ SAHJAMAL HOQUE
S/O HANIF ALI
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
8: SHAJAHAN ALI @ SHAJAHAN HOQUE
S/O HANIF ALI
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
9: NAJRUL HOQUE
S/O AJIMUDDIN SHEIKH
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
10: NUR ISLAM SHEIKH @ NUR ISLAM
S/O AJIMUDDIN SK.
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
11: AYNAL SHEIKH @ AYNAL HOQUE
S/O LATE CHENATULLA SHEIKH
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
12: HABIJUL SK @ HAFIJUL HOQUE
S/O AYNAL SHEIKH @ AYNAL HOQUE
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
Page No.# 3/6
14: MOFIZUL SK @ MOFIJUL HOQUE
S/O AYNAL SHEIKH @ AYNAL HOQUE
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
15: JAHURUL SHEIKH @ JAHIRUL SK.
S/O AJIMUDDIN SHEIKH
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
16: ALOMGIR HOQUE @ ALOM SK.
S/O SANOWAR ALI
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSAM
17: DILPINZIRA BIBI @ DIL PINGI BIBI
W/O KALIMUDDIN SHEIKH
R/O VILL MARAGADADHAR CHAR
P.S- TAMARHAT
DIST DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI
Advocate for the Respondent : PP, ASSAM,
Page No.# 4/6
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
13-02-2026
Heard Mr. S. Islam, learned counsel for the petitioners and Ms. A. Begum,
learned Additional Public Prosecutor, for the State respondent.
2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-
arrest bail to the accused/petitioners, namely, (i) Sanowar Ali; (ii) Dajumuddin
Sheikh; (iii) Majuruddin Sheikh @ Majiruddin Ali; (iv) Arpan Ali @ Irfan Ali;
(v) Ahidur Sk @ Ahidur Ali; (vi) Ajajul Hoque @ Ejajul Hoque; (vii) Sahjamal
Sk @ Sahjamal Hoque; (viii) Shajahan Ali @ Shajahan Hoque; (ix) Najrul
Hoque; (x) Nur Islam Sheikh @ Nur Islam; (xi) Aynal Sheikh @ Aynal
Hoque; (xii) Habijul Sk @ Hafijul Hoque; (xiii) Mofizul Sk @ Mofijul Hoque;
(xiv) Jahurul Sheikh @ Jahirul Sk; (xv) Alomgir Hoque @ Alom Sk and (xvi)
Dilpinzira Bibi @ Dil Pingi Bibi who are apprehending arrest in connection with
Tamarhat P.S. Case No. 113/2025, registered under Sections 61(2)/118(1)/109(1)
of BNS, 2023.
3. Case diary received. Perused the same.
4. It is submitted by Mr. Islam, learned counsel that the petitioners are innocent and
they have not committed any such offence as alleged in the FIR. But it is the case of
the petitioners that victim Nowshad took away the wife of petitioner No.3 and after
three days the villagers caught them red handed and thereafter, they assaulted him
and also intimated the present petitioners. Immediately the petitioner Nos. 3 and 4
visited there and rescued the wife of the petitioner No.3 and if any injury is sustained
by the victim that is only for the assault made to him by the villagers after the said
incident.
5. However, all the petitioners belong to the same family and they will extend their
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cooperation in the further investigation of the case, if they are granted with the
privilege of pre-arrest bail.
6. Ms. Begum, learned Addl. PP submitted in this regard that from the report, it is
seen that the victim sustained injuries, specially the head injury though there is no
specific mention about the object by which the injuries were caused, but he sustained
multiple injuries all over the body for the assault.
7. She further submitted that some of the witnesses uttered the name of the
petitioners showing their involvement in the alleged offence. Accordingly, Ms. Begum,
learned Addl. PP raised objection and submitted that their earlier pre-arrest bail
application was also rejected by the learned Trial Court.
8. Heard the submissions made by the learned counsel for both sides and I have
also perused the case diary and considering all the aspects of this case, I find that
custodial interrogation of the petitioners may not be required for the purpose of
investigation of the case and accordingly, I find it to be a fit case to extend the
privilege of pre-arrest bail to the present petitioners.
9. Accordingly, it is provided that in the event of arrest of the accused/petitioners,
namely, (i) Sanowar Ali; (ii) Dajumuddin Sheikh; (iii) Majuruddin Sheikh @
Majiruddin Ali; (iv) Arpan Ali @ Irfan Ali; (v) Ahidur Sk @ Ahidur Ali; (vi)
Ajajul Hoque @ Ejajul Hoque; (vii) Sahjamal Sk @ Sahjamal Hoque; (viii)
Shajahan Ali @ Shajahan Hoque; (ix) Najrul Hoque; (x) Nur Islam Sheikh @
Nur Islam; (xi) Aynal Sheikh @ Aynal Hoque; (xii) Habijul Sk @ Hafijul
Hoque; (xiii) Mofizul Sk @ Mofijul Hoque; (xiv) Jahurul Sheikh @ Jahirul
Sk; (xv) Alomgir Hoque @ Alom Sk and (xvi) Dilpinzira Bibi @ Dil Pingi Bibi,
in connection with Tamarhat P.S. Case No. 113/2025, registered under Sections
61(2)/118(1)/109(1) of BNS, 2023, they shall be enlarged on pre-arrest bail on their
executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each, only with one
surety of the like amount to the satisfaction of the arresting authority, subject to the
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following conditions:
(i) that the petitioners shall appear before the
Investigating Officer of the case within a period of 1(one) week
from today to enable recording of their statements;
(ii) that the petitioners shall fully co-operate with the
investigation of the case and shall appear before the
Investigating Officer as and when required in connection with
the investigation of the aforesaid P.S. Case and
(iii) that the petitioners shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade hi/her from disclosing
such facts to the Court or to any police officer.
10. This pre-arrest bail application accordingly stands disposed of.
11. Return the case diary herewith.
JUDGE
Comparing Assistant
