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Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 5 February, 2026
Page No.# 1/4
GAHC010280472025
2026:GAU-AS:1511
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2988/2025
CHAND MIYA AND 9 ORS.
S/O SEKANDAR
A RESIDENT OF VILL- NO. 1 MAGURMARI
P.S. DARRANG, DIST. DARRANG, ASSAM
2: AZAD ALI
SON OF KASEM ALI
A RESIDENT OF VILL- NO. 1 MAGURMARI
P.S. DARRANG
DIST. DARRANG
ASSAM
3: HAZRAT ALI
S/O SAHAJAL HOQUE
A RESIDENT OF VILL- NO. 1 MAGURMARI
P.S. DARRANG
DIST. DARRANG
ASSAM
4: SANOWAR HUSSAIN
S/O NABIR ALI
A RESIDENT OF VILL- NO. 1 MAGURMARI
P.S. DARRANG
DIST. DARRANG
ASSAM
5: JABBAR ALI @ JABBAR ALI
S/O BASA ALI
A RESIDENT OF VILL NO. 1 MAGURMARI
P.S. DARRANG
DIST. DARRANG
ASSAM
6: AREJ ALI
Page No.# 2/4
S/O CHAND MIYA
A RESIDENT OF VILL- NO. 1 MAGURMARI
P.S. DARRANG
DIST. DARRANG
ASSAM
7: SUKKUR ALI @ SUKUR ALI
S/O JABBAR ALI @ JABAR ALI
A RESIDENT OF VILL- NO. 1 MAGURMARI
P.S. DARRANG
DIST. DARRANG
ASSAM
8: FARAJ ALI
S/O CHAND MIYA
A RESIDENT OF VILL- NO. 1 MAGURMARI
P.S. DARRANG
DIST. DARRANG
ASSAM
9: OHED ALI
S/O AFSAR ALI
A RESIDENT OF VILL- NO. 1 MAGURMARI
P.S. DARRANG
DIST. DARRANG
ASSAM
10: MAHED ALI
S/O AFSAR ALI
A RESIDENT OF VILL- NO. 1 MAGURMARI
P.S. DARRANG
DIST. DARRANG
ASSA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S H ZAMAN,MR. S. ALOM
Advocate for the Respondent : PP, ASSAM,
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
05.02.2026
Heard Mr. M.A.I. Hussain, the learned counsel for the petitioners. Also
heard Mr. D. Goswami, the learned Additional Public Prosecutor appearing on
behalf of State respondent.
2. This is an application filed under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioners in
connection with Dhula P.S. Case No. 127 / 2025 under Sections 189(2) /
329(3) / 109 / 118(2) / 324(4) / 324(5) of Bharatiya Nyaya Sanhita, 2023.
3. The case arose out of an FIR dated 15.11.2025 lodged by one Jalal Ali
with the allegation that on 02.11.2025 at 02:00 PM, the 12 accused persons
named in the FIR, including the present petitioners herein, came to their house
armed with sharp weapons because of old quarrel, they attacked his father with
sharp weapons and thereafter also assaulted the informant's sister-in-law,
brother and another sister-in-law. It is alleged that they also assaulted his
mother and his family members, as a result of the assault, they were severely
injured and the condition of his father is serious. The petitioner no. 1 - Chand
Miya and petitioner no. 5 Jabbar Ali @ Jabar Ali were granted interim pre-arrest
bail on 18.12.2025, noticing that they are aged persons.
4. The Case Diary has been received.
5. Mr. Goswami, learned Additional Public Prosecutor submits that the
implications revealed by the learned Trial Court also and the condition of his
father is critical and he is battling for his life. One of the victims has supported
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the allegations about the assault upon him.
6. Perused the medical reports available in the Case Diary.
7. I find force in the contention of the prosecution that it may not be an
appropriate case for grant of pre-arrest bail. However, I am not inclined to
cancel the interim bail granted to the petitioner no. 1 - Chand Miya and the
petitioner no. 5 - Jabbar Ali @ Jabar Ali, who have also appeared and their
statements have also recorded. Their interim bail is hereby made absolute,
subject to the condition that they shall cooperate with the investigation and
shall not commit any illegal activities or offences.
8. With regard to the other petitioners, this Court is constrained to reject
their prayer for pre-arrest bail at this stage.
9. The AB stands disposed of.
10. Send back the Case Diary.
JUDGE
Comparing Assistant
