Sahabuddin Ali and 18 Others Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

Sahabuddin Ali and 18 Others Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to all 19 petitioners in Hajo P.S. Case No. 453/2024: in the event of arrest, release on a bail bond of Rs. 50,000/- each with two local sureties of the like amount, subject to stated conditions (appearance before IO on or before 13.03.2025, restriction on leaving Hajo P.S. jurisdiction without written permission, no tampering/hampering, no inducement or threat, no future criminal activity); violation entails automatic vacation of bail.

Issue for consideration

Whether the 19 petitioners, apprehending arrest in Hajo P.S. Case No. 453/2024 (G.R. No. 655/2024), are entitled to pre-arrest bail under Section 482 of the BNSS, 2023.

Court's answer

Considering the materials in the case diary and the fact that the petitioners had already appeared before the Investigating Officer of Hajo P.S. Case No. 453/2024, custodial detention of the petitioners is not warranted for investigation of that case, and their pre-arrest bail application is accepted.

Ratio / Principle

In the event of arrest in Hajo P.S. Case No. 453/2024, the petitioners shall be released on bail on furnishing a bail bond of Rs. 50,000/- each with two local sureties each of the like amount, to the satisfaction of the arresting authority, on conditions including appearance before the Investigating Officer on or before 13.03.2025 and thereafter as required, not leaving the territorial jurisdiction of Hajo Police Station without prior written permission, not hampering the investigation or tampering with evidence, no inducement/threat/promise to dissuade disclosure, and no involvement in criminal activities in future.

Key takeaways

Violation of any of the aforesaid terms and conditions by the petitioners shall result in the pre-arrest bail granted to them in Hajo P.S. Case No. 453/2024 standing automatically vacated.ratio¶66

Detailed headnote1 paragraphs

Gauhati High Court (Manash Ranjan Pathak, J.), Order dated 06-03-2025 in AB/315/2025: Application under Section 482 of the BNSS, 2023 by 19 residents of Village-Borijani, P.S. Hajo, District Kamrup (lead petitioner Sahabuddin Ali), apprehending arrest in Hajo P.S. Case No. 453/2024 / G.R. No. 655/2024 under Sections 189(2)/191(2)/190/296/127(2)/131/132 BNS, 2023, arising from an FIR dated 16.11.2024 alleging obstruction of a police vehicle and forcible taking away of arrested accused Sarif Ali during investigation of Hajo P.S. Case No. 442/2024. Perusing the case diary and noting that the petitioners had already appeared before the Investigating Officer and their statements were recorded, the Court held custodial detention was not warranted and accepted the pre-arrest bail application: release in the event of arrest on a bail bond of Rs. 50,000/- each with two local sureties of the like amount, conditioned on appearance before the IO on or before 13.03.2025, non-departure from Hajo P.S. jurisdiction without prior written permission, no hampering of investigation or tampering with evidence, no inducement/threat/promise, and no future criminal activity; violation entails automatic vacation of the bail.

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GAHC010026342025

2025:GAU-AS:2398

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

Case No. : AB/315/2025

SAHABUDDIN ALI AND 18 OTHERS S/O FARID ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP, ASSAM

2: MERAJUL HUSSAIN S/O MAHNUR ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

3: RAFIQUL ALI @ RANA S/O SAMSER ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

4: NAJMUL ALI S/OLASMAN ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

5: IMRAN HUSSAIN S/O IMAN ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

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6: NITUL ALI @ IJAJ S/O JAHAN ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM 7: MUJAHID ALI S/O LATE TAJIR ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

8: NEKIB ALI S/O FARID ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

9: SUNNY ALI S/O RAHMAN ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

10: RITIK ALI S/O RIYAJ ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

11: NEKIBUR RAHMAN S/O JAMAL ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

12: EYAJUL ALI S/O KHASNUR ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

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13: RENU BEGUM W/O BADRUL ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM 14: ARJU BEGUM C/O NUREN ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

15: SEMI AKHTAR C/O SAYED JAHIRUL ISLAM R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

16: MORJINA BEGUM C/O MD. SAHJAHAN ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

17: KAMALA BEGUM C/O INSAF ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

18: RUMIJA BEGUM C/O BAKKAR ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP ASSAM

19: NAJIRUDDIN AHMED S/O LATE ABDUL ALI R/O VILL-BORIJANI P.S. HAJO DIST.KAMRUP

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ASSA

VERSUS

THE STATE OF ASSAM REPRESENTED BY PP, ASSAM

2:MERAJUL HUSSAIN RO BORIJANI PS HAJO KAMRUP ASSAM 3:RAFIQUL ALI AND RANA RO BORIJANI PS HAJO KAMRUP ASSAM

4:NAJMUL ALI RO BORIJANI PS HAJO KAMRUP ASSAM 5:IMRAN HUSSAIN RO BORIJANI PS HAJO KAMRUP ASSAM

6:NITUL ALI AND IJAJ RO BORIJANI PS HAJO KAMRUP ASSAM

7:MUJAHID ALI RO BORIJANI PS HAJO KAMRUP ASSAM 8:NEKIB ALI RO BORIJANI PS HAJO KAMRUP ASSAM

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9:SUNNY ALI RO BORIJANI PS HAJO KAMRUP ASSAM 10:RITIK ALI RO BORIJANI PS HAJO KAMRUP ASSAM

11:NEKIBUR RAHAMAN RO BORIJANI PS HAJO KAMRUP ASSAM

12:EYAJUL ALI RO BORIJANI PS HAJO KAMRUP ASSAM

13:RENU BEGUM RO BORIJANI PS HAJO KAMRUP ASSAM

14:ARJU BEGUM RO BORIJANI PS HAJO KAMRUP ASSAM

15:SEMI AKHTAR RO BORIJANI PS HAJO KAMRUP ASSAM

16:MORJINA BEGUM RO BORIJANI PS HAJO KAMRUP ASSAM

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17:KAMALA BEGUM RO BORIJANI PS HAJO KAMRUP ASSAM

18:RUMIJA BEGUM RO BORIJANI PS HAJO KAMRUP ASSAM

19:NAJIRUDDIN AHMED RO BORIJANI PS HAJO KAMRUP ASSA

Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA

Advocate for the Respondent : PP, ASSAM,

BEFORE

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

06-03-2025

Heard Ms. P. Kalita, learned counsel for the petitioners and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam.

2. Apprehending their arrest, the petitioners, namely, (1) Sahabuddin Ali , son of Farid Ali; (2) Merajul Hussain , son of Mahnur Ali; (3) Rafiqul Ali @ Rana , son of Samser Ali; (4) Najmul Ali , son of Lasman Ali; (5) Imran Hussain , son of Iman Ali; (6) Nitul Ali @ Ijaj , son of Jahan Ali; (7) Mujahid Ali , son of Late Tajir Ali; (8) Nekib Ali , son of Farid Ali; (9) Sunny Ali , son of Rahman Ali; (10) Ritik Ali , son of Riyaj Ali; (11) Nekibur Rahman ; son of Jamal Ali; (12) Eyajul Ali , son of Khasnur Ali; (13) Renu Begum , wife of Badrul Ali; (14) Arju Begum , Care of Nuren Ali;

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(15) Semi Akhtar , Care of Sayed Jahirul Islam; (16) Morjina Begum , Care of Md. Sahjahan Ali; (17) Kamala Begum , Care of Insaf Ali; (18) Rumija Begum , Care of Bakkar Ali and (19) Najiruddin Ahmed , son of Late Abdul Ali, all residents of Village-Borijani, Police Station-Hajo, District-Kamrup, Assam have filed this application under Section 482 of the BNSS, 2023 seeking pre-arrest bail in Hajo Police Station Case No. 453/2024 corresponding to G.R. No. 655/2024 registered under Sections 189(2)/191(2)/190/296/127(2)/131/132 BNS, 2023.

3. As per the FIR dated 16.11.2024, the case is that, when police personnel from Hajo Police Station went to Borijani village to investigate another Hajo P.S. Case No.442/2024 registered under Sections

189/191(2)/191(3)/117(2)/303(2)/324(4)/326(g) BNS, 2023 and apprehended one accused person of said Hajo P.S. Case No. 442/2024 from said Borjani village and while proceeding to the place of occurrence towards the house of another accused person of said Hajo P.S. Case No. 442/2024, the present petitioners obstructed the police vehicle, in which, the apprehended accused persons of said Hajo P.S. Case No. 442/2024 were taken to police station. Thereby the accused petitioners obstructed the police personnel from Hajo Police Station to do their lawful duty, to collect evidences and to apprehend the accused persons of said Hajo P.S. Case No. 442/2024. It is also stated that during the entire process the village Gaon Pradhan was present and the present accused petitioners forcefully took away the apprehended accused Sarif Ali from the custody of police. Accordingly, said FIR was registered as Hajo P.S. Case No. 453/2024 corresponding to G.R. No. 655/2024 under Sections 189(2)/191(2)/ 190/296/127(2)/131/132 BNS, 2023

4. Perused the case diary placed before the Court today by Mr. Parashar, learned Addl. PP, Assam.

5. From the case diary, it is seen that the present petitioners have already appeared before the concerned Investigating Officer of said Hajo P.S. Case No.

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453/2024 and their statements have already been recorded.

6. Case diary also indicates that the present petitioners along with others obstructed the police vehicle on the intervening night of 15.11.2024 and 16.11.2024 from 12:40 am to 04:30 am and took away one accused, namely, Sarif Ali, who was taken into custody in said Hajo P.S. Case No. 442/2024 threatening the police personnel that they will burn down the police vehicle.

7. Considering such materials in the case diary and the fact that the petitioners have already appeared before the concerned Investigating Officer of said Hajo P.S. Case No. 453/2024, this Court is of the view that custodial detention of the petitioners is not warranted for investigation of said Hajo P.S. Case No. 453/2024 and as such, this pre-arrest bail application of the petitioners in said Hajo P.S. Case No. 453/2024 is accepted.

8. Accordingly, it is provided that in the event of arrest of the petitioners, namely, (1) Sahabuddin Ali , son of Farid Ali; (2) Merajul Hussain , son of Mahnur Ali; (3) Rafiqul Ali @ Rana , son of Samser Ali; (4) Najmul Ali , son of Lasman Ali; (5) Imran Hussain , son of Iman Ali; (6) Nitul Ali @ Ijaj , son of Jahan Ali; (7) Mujahid Ali , son of Late Tajir Ali; (8) Nekib Ali , son of Farid Ali; (9) Sunny Ali , son of Rahman Ali; (10) Ritik Ali , son of Riyaj Ali; (11) Nekibur Rahman ; son of Jamal Ali; (12) Eyajul Ali , son of Khasnur Ali; (13) Renu Begum , wife of Badrul Ali; (14) Arju Begum , Care of Nuren Ali; (15) Semi Akhtar , Care of Sayed Jahirul Islam; (16) Morjina Begum , Care of Md. Sahjahan Ali; (17) Kamala Begum , Care of Insaf Ali; (18) Rumija Begum , Care of Bakkar Ali and (19) Najiruddin Ahmed , son of Late Abdul Ali, in said Hajo P.S. Case No. 453/2024 , they shall be released on bail on furnishing a bail bond of Rs.50,000/- each, with two local sureties each of the like amount, to the satisfaction of the arresting authority on conditions that the petitioners – (i) shall appear before the Investigating Officer of said Hajo P.S. Case No. 453/2024 during the office hours on or before 13.03.2025 and thereafter, as

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and when they are required for necessary investigation of said Hajo P.S. Case; (ii) shall not leave the territorial jurisdiction of the Hajo Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (vi) shall not involve themselves in any such criminal activities in future.

9. Violation of any of the aforesaid terms and conditions by the petitioners, named above, the pre-arrest bail granted to them in the aforementioned Hajo P.S. Case No. 453/2024 shall stand automatically vacated.

10. This pre-arrest bail application accordingly stands allowed to the extent above.

11. Return the case diary.

JUDGE

Comparing Assistant