Citation : 2026 Latest Caselaw 796 Gua
Judgement Date : 5 February, 2026
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GAHC010241662025
2026:GAU-AS:1510
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2591/2025
RAJUL ALI AND 3 ORS.
SON OF LATE SULTAN ALI, RESIDENT OF VILLAGE NO. 2, DAGAON PS
RANGIA, DISTRICT KAMRUP, ASSAM- 781133.
2: FAJNUR ALI
SON OF LATE SULTAN ALI RESIDENT OF VILLAGE NO. 2
DAGAON PS RANGIA
DISTRICT KAMRUP
ASSAM- 781133.
3: MAJNUR ALI
SON OF LATE ABDUL ALI
RESIDENT OF VILLAGE NO. 2
DAGAON PS RANGIA
DISTRICT KAMRUP
ASSAM-781133
4: RAJUDDIN ALI
SON OF MOHAR ALI
RESIDENT OF VILLAGE NO. 2
DAGAON PS RANGIA
DISTRICT KAMRUP
ASSAM- 781133
VERSUS
THE STATE OF ASSAM
THROUGH THE RANGIA POLICE STATION AND REPRESENTED BY THE
PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. D DAS SR. ADV, SURAJ SONOWAL,MS C DAS,MR K
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TALUKDAR
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
05.02.2026 Heard Mr. S. Sonowal, learned counsel for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State.
2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners have prayed for granting pre-arrest bail, apprehending arrest in connection with Rangia P.S. Case No. 220/2025, registered under Sections 126(1)/ 115(2)/ 329(a)/ 118(2)/ 315 of BNS, 2023.
3. The allegation in the FIR lodged by one, Ramjan Ali on 24.09.2025 is that on 20.09.2025, he and his younger brother were talking to two friends on the road, whereupon one Rajul Ali arrived in a drunken state and assaulted both of them. He further alleged that when they ran away and entered their house, subsequently all the four persons reached their house armed with sharp weapons like dao, axes and knives assaulted his parents, brothers and sister-in- law. It is also alleged that the accused no. 1, Rajul Ali assaulted his mother on the head with a knife, he was carrying, leading to profuse bleeding.
4. It is submitted by the learned counsel for the petitioners that the medical documents annexed with the bail petition do not indicate any grievous injuries and matter was pending for considerable time for injury report to be produced by the prosecution. It is submitted that pursuant to grant of interim bail, they have also appeared before the I.O. and had recorded their statements.
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5. On the other hand, learned Additional Public Prosecutor submits that Case Diary has been received along with the bail objection. The Medical Report has been annexed as part of the Case Diary with regard to victim, Sahida Begum which indicates grievous injuries caused by blunt trauma. It is indicated that there are abrasions of a scalp of size 10 x 2 cm and 5 x 2 cm and CT scan of the brain and other tests, diagnostic tests including x-rays were directed. The patient was examined on 20.09.2025 at 11:00 PM. In the bail objection, the IO objecting to bail has stated about the necessity of custodial interrogation and that the investigation is at a crucial stage. One photograph is available in the Case Dairy, where one lady purportedly the said victim with bandage on the head and clothes soaked with blood. Most of the witnesses have implicated and stated about the assault by the accused persons. All the petitioners are named in the FIR.
6. The victim, Sahida Begum in her statement has supported the allegations and stated about the assault.
7. In the given facts and circumstances, the contentions of the IO cannot be brushed aside. Therefore, I do not find it to be an appropriate case to grant anticipatory bail to the petitioners at this stage.
8. In view of above, the instant AB stands rejected.
9. Send back the Case Diary.
JUDGE
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