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SRI CHAMAR ALI AND 9 ORS v. THE STATE OF ASSAM

Court: Gauhati High Court

Bench: HONOURABLE MR. JUSTICE PRANJAL DAS

Judgment date:

Case summary

Gauhati High Court judgment dated 2026-01-06. SRI CHAMAR ALI AND 9 ORS v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.

Judgment text

Page No. # 1/4 GAHC010228252025 2026:GAU-AS:240 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2475/2025 SRI CHAMAR ALI AND 9 ORS S/O TALEP ALI R/O KAZAIKATA PART-III, P. S. BILASIPARA, DIST. DHUBRI, ASSAM PIN 783348 2: SRI ZOBAN ALI S/O TALEP ALI R/O KAZAIKATA PART-III P. S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348 3: SRI RASHID MONDAL @ AR RASHID MONDAL S/O NASOR UDIN R/O KAZAIKATA PART-III P. S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348 4: SRI RAJ BAHADUR MONDAL @ RAJ BAHADUR S/O BOSIR UDDIN R/O KAZAIKATA PART-III P. S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348 5: SRI ABDUL KADER @ KADER MONDAL S/O JUBAR ALI R/O KAZAIKATA PART-III P. S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348 6: HABI SK @S HABIBAR RAHMAN S/O BACHER ALI SHEIKH R/O KAZAIKATA PART-III P. S. BILASIPARA Page No. # 2/4 DIST. DHUBRI ASSAM PIN 783348 7: SRI SUBUR SK @ SABUR ALI S/O BASER ALI SHEIKH R/O KAZAIKATA PART-III P. S. BILASIPARA DIST.

DHUBRI ASSAM PIN 783348 8: SRI EAKABBAR ALI S/O ROZOB ALI R/O KAZAIKATA PART-III P. S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348 9: SRI HAIZ ALI @ SAYED ALI S/O ROZOB ALI R/O KAZAIKATA PART-III P. S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348 10: SRI ASHAR ALI @ ACHER ALI S/O ANSER ALI R/O KAZAIKATA PART-III P. S. BILASIPARA DIST. DHUBRI ASSAM PIN 78334 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. A A R KARIM, MR M HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 07. 01. 2026 1. Heard Mr. A. A. R. Karim, learned counsel for the petitioners. Also Page No. # 3/4 heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2.

This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (1) Chamar Ali (2) Zoban Ali (3) Rashid Mondal @ Ar-Rashid Mondal (4) Raj Bahadur Mondal @ Raj Bahadur (5) Abdul Kader @ Kader Mondal (6) Habi Sk @ Habibar Rahman (7) Subur Sk @ Sabur Ali (8) Eakabbar Ali (9) Haiz Ali @ Sayed Ali (10) Ashar Ali @ Acher Ali, have prayed for granting pre-arrest bail, apprehending arrest in connection with Bilasipara PS Case No. 288/2025 registered under Section 329(4)/117(2)/118(1)/3(5) of BNS, 2023 corresponding to GR No. 481/2025. 3. The gist of the allegation is that on 09. 09. 2025 the accused persons in a group attacking the victims of the informant side and causing them serious injuries. 4. Case diary as called for has been received. Investigation is continuing but not yet completed. 5.

It is submitted by the learned petitioner counsel that the accused and the informant side are family members being relatives and there was a dispute between them over land documents leading to altercation and that the allegations are exaggerated. 6. The case diary also contains statements of two victims in which they have stated about being assaulted and stabbed with sharp weapons causing life threatening injuries. However, perusal of the medical report of one of them indicates tenderness over head, shoulder and lower back and soft tissue injury. With regard to another victim, his medical findings are Page No. # 4/4 tenderness over head, shoulder and chest and it is also stated that no external injury on local examination. 7. In the given facts and circumstances and in the backdrop of the above discussion, I am of the considered view that the petitioner can be granted bail subject to suitable conditions to ensure that the remaining investigation is not prejudiced. 8.

Accordingly, it is provided that in the event of arrest of the petitioners, named above, in connection with above mentioned case, they shall be released on furnishing bail bond of Rs. 25,000/- 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 co-operate with the remaining investigation; (b) Shall not misuse their liberty to commit any illegal activity. (c) Shall not hamper or tamper with the evidence of the case. 9. Accordingly, this anticipatory bail application stands allowed and disposed of. 10. Return the case diary. JUDGE Comparing Assistant

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.