[Cites 7, Cited by 0]
Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 7 February, 2026
Page No.# 1/3
GAHC010003452026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/54/2026
MASUD SK AND 2 ORS.
S/O LT. ABUL HUSSAIN
2: ABDUL ROSHID
S/O LT. ABUL HUSSAIN
3: WAHIDUR RAHMAN
S/O. LT. SADEK HUSSAIN
ALL ARE R/O. VILL.- KAZIPARA (2 NO. PUBERGAON)
P/O. AND P/S. MANKACHAR
DIST. ASSAM
PIN-78313
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
07.02.2026
Heard Mr. M. Islam, learned counsel for the petitioners. Also heard
Mr. D. P. Goswami, learned Additional Public Prosecutor for the State.
Page No.# 2/3
2. Invoking 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
petitioners, namely, (1) Masud Sk. (2) Abdur Roshid and (3)
Wahidur Rahman, have prayed for granting pre-arrest bail,
apprehending arrest in connection with Mankachar P.S. Case No.
620/2025, registered under Section 147 /148 /149 /109 /448 /
395/506 of IPC which was registered on the basis of an FIR dated
11/10/2015, alleging dacoity and in which 12 accused persons including
the present petitioners were named.
3. The investigation resulted in a charge sheet being CS No. 402/23
dated 31/07/23 under Sections 147/148/ 149/448/395 IPC. The
corresponding GR is PRC No. 418 of 2025.
4. Case is presently at the stage of appearance and it is submitted that
NBWA has been issued against the petitioners by the learned JMFC. It is
submitted that several of the charged persons were arrested during the
investigation and they are presently on bail. The charge sheet was
submitted in 2023, i.e. is several years after the registration of the case.
5. The learned Additional Public Prosecutor submits that perhaps
considering the nature of the alleged offenses, petitioner may be directed
to approach the learned court below.
6. Petitioner counsel submits that perhaps the learned JMFC may not
have the jurisdiction to grant bail.
7. In the interest of speeding up the trial which is already delayed, I
deem it proper to grant bail to the accused persons despite the nature of
the alleged offenses, subject to suitable conditions.
8. Accordingly, it is provided that in the event of arrest of the
Page No.# 3/3
petitioners, named above, in connection with above mentioned case, they
shall be released on furnishing bail bond of Rs.50,000/- each with a
suitable surety each of the like amount, to the satisfaction of the arresting
authority.
The direction for pre-arrest bail is subject to the conditions that the
petitioners:
(a) Shall appear before the learned court below and available
for trial if one commences;
(b) Shall not intimate or harass the informant and his family
member.
(c) Shall not hamper or tamper with the evidence of the case.
(d) Shall not intimate, harm or influence the witnesses.
9. Violation of any of the bail conditions shall entail cancellation of bail.
10. Also, the petitioner shall appear before the learned court below and
submit a fresh bail bonds and the learned JMFC shall pass suitable orders
regarding the same.
11. Accordingly, this anticipatory bail application stands allowed and
disposed of.
JUDGE
Comparing Assistant
