Allowed¶24

Abul Quasim MD Salman and Anr. v. the State of Assam

Gauhati HC15 Sept 2025AB/1867/2025

Case brief

AI extract

What is this about?

Gauhati High Court, AB/1867/2025, order dated 16.09.2025 by Pranjal Das, J. — confirmation of interim pre-arrest bail under Section 482 BNSS in Patharkandi P.S. Case No. 163/2025 (Ss. 299/196/272/351(2)/3(5) IPC as printed) arising from allegations of harassment and derogatory remarks on religious belief against a teacher; bail confirmed since petitioners cooperated and statements recorded under Section 161 Cr.P.C.; conditions of co-operation and non-tampering imposed.

What did the court decide?

Anticipatory bail application allowed: interim pre-arrest bail granted vide order dated 04.08.2025 made absolute, subject to conditions that the petitioners co-operate with the remaining investigation and shall not hamper or tamper with evidence; case diary directed to be returned. ¶24

Abul Quasim MD Salman and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

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GAHC010171752025

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

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Case No. : AB/1867/2025

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ABUL QUASIM MD SALMAN AND ANR SON OF LATE IMDADUR RAHMAN OF VILL- DULLAVPUR, P.O. KANAIBAZAR, P.S. PATHARKANDI, DIST. SRIBHUMI, ASSAM

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2: MISBAH UDDIN SON OF ABDUL MANNAN OF VILL- SONATULA P.O. ASHOLKANDI

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P.S. PATHARKANDI

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DIST. SRIBHUMI ASSA VERSUS

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THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM

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Advocate for the Petitioner : MR. A S TAPADER, R J OJAH,MR M AHMED 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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16.09.2025

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Heard Mr. A. S. Tapader, learned counsel for the petitioners. Also

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heard Mr. D. P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioners, namely, Abul Quasim Md. Salman and Misbah Uddin , apprehending arrest in connection with Patharkandi P.S. Case No. 163/2025 registered u/s 299/196/272/351(2)/3(5) IPC .

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The case arose out of an ejahar dated 04.07.2025, lodged by alleged victim i.e. Rahul Roy, stated to be a post-graduate teacher at Asimia H.S. School in the district of Sribhumi (karimganj).

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The gist of allegations is that three fellow teachers of the school including the two present petitioners have been harassing and humiliating him and also made derogatory remarks pertaining to his religious belief.

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It may be mentioned that by order, dated 04.08.2025, this Court granted the privilege of interim pre-arrest bail to the petitioners.

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Mr. D. P. Goswami, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. In this backdrop, I am of the view that confirming the interim bail may not prejudice investigation.

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