Citation : 2026 Latest Caselaw 2140 Gua
Judgement Date : 12 March, 2026
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GAHC010276762025
2026:GAU-AS:3645
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2931/2025
MAHAMMAD ALI
S/O AMAN ALI, R/O VILL. NO. 2 SILIKHAGURI, P.O. BAGARGAON, P.S.
BIJNI, DIST. CHIRANG BTR, ASSAM, PIN 780390
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR Z HUSSAIN, MR. A HUDA,MS B B AHMED
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
12-03-2026 Heard Ms. B. B. Ahmed, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam.
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2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Mahammad Ali who is apprehending arrest in connection with Bijni P.S. Case No. 124/2025 under Sections 69/356(2)(3) of BNS, 2023.
3. Case diary received. Perused the same.
4. It is submitted by Ms. Ahmed, learned counsel that after obtaining the order of interim pre-arrest bail, the petitioner appeared before the I.O., cooperated in the investigation and his statement is also recorded.
5. She further submitted that it is fact that there was love relationship between the parties, but due to some fact there was a breakup in their relationship to which both the parties also mutually signed a document stating that they have mutually break up their relationship.
6. However, the petitioner is still ready and willing to extend his cooperation in the further investigation, if he is granted with some interim protection.
7. Mr. Borthakur, learned APP submitted in this regard that the victim brought sufficient allegation against the present petitioner, however, she admitted that there was a love relationship between the parties for which they also had physical relationship with each other. But after obtaining the order of interim pre-arrest bail, the petitioner appeared before the I.O. and cooperated in the investigation of the case.
8. Hearing the submissions made by the learned counsel for the parties, considering the materials in the case diary, this Court is of the opinion that custodial detention/interrogation of the petitioner may not be required for the purpose of investigation of the case.
9. In view of the above, the order of interim pre-arrest bail dated 12.12.2025 Page No.# 3/3
is hereby made absolute on the same terms and conditions.
10. This pre-arrest bail application accordingly stands disposed of.
11. Return the case diary.
JUDGE
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