Page No.# 1/3 vs The State Of Assam
2026 Latest Caselaw 2137 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 12 March, 2026

                                                                         Page No.# 1/3

GAHC010049032026




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                              THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : AB/527/2026

            SHAHIL ALI
            S/O MAMAT ALI
            R/O SATGAON AMBARI, UDAYAN VIHAR, DIST. KAMRUP (M), ASSAM, PIN-
            781171.



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP, ASSAM



Advocate for the Petitioner   : MR B M DEKA, MS. D BORA,MR. MASUM ALAM

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                           ORDER

12.03.2026 Heard Mr. B. M. Deka, learned counsel for the petitioner.

2. By this application, the petitioner has prayed for pre-arrest bail in connection with Satgaon P.S. Case No. 37/2026, registered under Sections 127(2)/308(2)/117(2)/3(5) of the BNS, 2023.

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3. The case started with lodging of the FIR; wherein, it was revealed that a known acquaintance of the informant took the informant on the pre-text of showing him a rented residence and forced him inside the vehicle with the help of five unknown persons, and threatened him by saying that they would capture a video, showing the informant as a drug peddler and also demanded Rs. 5,00,000/- from him.

4. It was also alleged with the accused persons drove the car to various places and tried to seize the rings and other valuable articles worn by the informant. On the receipt of the ejahar, the police had registered the case and visited the place of the petitioner in connection with the said case.

5. Mr. B. N. Deka, learned counsel for the petitioner submits that the petitioner has no connection whatsoever with the offence and that another person with the same name has already been arrested in connection with the said case; and that he was mistakenly searched by the Police.

6. Mr. M. P. Goswami, learned APP, however, submits that the case diary would reveal the actual accused person involved in the incident and has prayed for calling of the same.

7. List this matter on 20.04.2026, for production of the case diary pertaining to Satgaon P.S. Case No. 37/2026.

8. In the meantime, the petitioner, being not named in the FIR and that another accused person with the same name has already been arrested; this Court deems it fit to enlarge the petitioner on interim pre-arrest bail, on furnishing of a bail bond of Rs. 20000/-, with one local surety of the like amount, to the satisfaction of the arresting authority, under the following conditions-

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(i) He will appear before the Investigating Officer of the case within 10 (ten) days from today;

(ii) He will not hamper and tamper with the evidence of the case; and

(iii) He will not influence the witnesses connected with the case.

9. List accordingly.

JUDGE

Comparing Assistant