Disposed¶27

Salah Alom Hazorika and 2 Ors. v. the State of Assam

Gauhati HC8 Sept 2025AB/1599/2025

Case brief

AI extract

What is this about?

Anticipatory bail; pre-arrest bail; Section 482 BNSS 2023; BNS 2023 Sections 329(4)/324(2)/117(2)/118(2)/3(5); Dhing P.S. Case No. 126/2025; charge-sheet no. 152/2025 dated 24.07.2025; land dispute assault; interim bail order dated 15.07.2025 made absolute; bail conditions; Gauhati High Court; Pranjal Das, J.; order dated 09.09.2025.

What did the court decide?

Pre-arrest bail of the petitioners Salah Alom Hazorika, Muktar Hussain and Md. Akbar Ali @ Ali Akbar made absolute (interim order dated 15.07.2025 confirmed), subject to conditions that they be available for trial if commenced, maintain peace and abide by the law, and not hamper or tamper with evidence; anticipatory bail petition disposed of. ¶27

Salah Alom Hazorika and 2 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether pre-arrest (anticipatory) bail should be granted to the accused/petitioners apprehending arrest in connection with Dhing P.S. Case No. 126/2025 under Sections 329(4)/324(2)/117(2)/118(2)/3(5) of BNS, 2023.

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Court's answer

In view of the completion of the investigation (charge-sheet no. 152/2025 dated 24.07.2025 having been submitted), the pre-arrest bail petition could be allowed.

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Ratio / Principle

Pre-arrest bail of the three petitioners (Salah Alom Hazorika, Muktar Hussain and Md. Akbar Ali @ Ali Akbar) is allowed, and the interim order of pre-arrest bail dated 15.07.2025 is made absolute subject to conditions.

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Key takeaways

Conditions imposed on the petitioners: they shall be available for trial if one commences, shall maintain peace and abide by the law, and shall not hamper or tamper with evidence.ratio¶25
Ancillary direction: the communication received regarding submission of the charge-sheet shall form part of the record.obiter¶29

Detailed headnote1 paragraphs

Gauhati High Court (Pranjal Das, J.), AB/1599/2025, order dated 09.09.2025 — Application under S. 482 BNSS, 2023 for pre-arrest bail by three accused apprehending arrest in Dhing P.S. Case No. 126/2025 (Ss. 329(4)/324(2)/117(2)/118(2)/3(5), BNS 2023), concerning a quarrel over a land dispute followed by alleged assault; the petitioners' side had lodged an earlier ejahar. Investigation stood completed with charge-sheet no. 152/2025 dated 24.07.2025 submitted. Interim pre-arrest bail order dated 15.07.2025 made absolute, subject to conditions (availability for trial, maintenance of peace and abiding by the law, no hampering or tampering with evidence); petition disposed of, and the charge-sheet communication directed to form part of the record.

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GAHC010150542025

2025:GAU-AS:12279

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

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Case No. : AB/1599/2025

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SALAH ALOM HAZORIKA AND 2 ORS. SON OF LATE EBRAHIM ALI HAZORIKA, R/O VILL- SUNARIGAON, P.S. DHING, DIST. NAGAON, ASSAM

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2: MUKTAR HUSSAIN S/O LATE KHASNUR ALI R/O VILL- SUNARIGAON P.S. DHING DIST. NAGAON ASSAM 3: MD. AKBAR ALI @ ALI AKBAR S/O EYASIN ALI R/O VILL- SUNARIGAON P.S. DHING DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR F HAQUE, MR A ISLAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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09.09.2025

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Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State.

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2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Dhing P.S. Case No. 126/2025, under Sections

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329(4)/324(2)/117(2)/118(2)/3(5) of BNS, 2023 .

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3. It is submitted by the learned Additional Public Prosecutor for the State that communication has been received that upon completion of investigation, charge-sheet has been submitted in this case vide charge-sheet no.152/2025 dated 24.07.2025.

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4. From the materials, it is revealed that the allegations pertain to a quarrel over a land dispute, followed by allegations of assault. It is submitted that the petitioners’ side has also lodged an ejahar and the same was filed earlier in point of time.

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5. Nevertheless, in view of the completion of the investigation, the petition can be allowed. Having regard to the aforesaid facts, prearrest bail of 1. Salah Alom Hazorika, 2. Muktar Hussain and

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3. Md. Akbar Ali @ Ali Akbar is allowed .

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6. Thus, the order of pre-arrest bail granted to the petitioners dated 15.07.2025 is hereby made absolute subject to the conditions:

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i) That the petitioners shall be available for trial, if one

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commences ;

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ii) That the petitioners shall maintain peace and abide by the law;