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Aktar Ali Alias Petla Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

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Gauhati HC
2025
Aktar Ali Alias Petla Vs the State of AssamAktar Ali Alias Petla v. the State of Assam

Dismissed¶23

Aktar Ali Alias Petla v. the State of Assam

Gauhati HC9 Sept 2025Bail Appln./2701/2025

Case brief

AI extract

What is this about?

Bail Appln./2701/2025 | Gauhati High Court | 10.09.2025 | Pranjal Das, J. | bail rejected | Section 483 BNSS 2023 | Sections 118(2)/109/3(5) BNS Act | Basistha P.S. Case No.395/2025 | Aktar Ali @ Petla | ejahar 03.09.2025 | victim safety apprehension | Kamrup (M), Assam | bail application dismissed at this stage

What did the court decide?

At this stage there might be some apprehensions about the safety of the alleged victim. ¶22

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the accused-petitioner Aktar Ali @ Petla should be granted bail under Section 483 of the BNSS, 2023 in connection with Basistha P.S. Case No.395/2025 registered under Sections 118(2)/109/3(5) of the BNS Act.

Court's answer

At this stage there might be some apprehensions about the safety of the alleged victim.

Ratio / Principle

In view of the apprehension for the victim's safety, the bail application stands rejected at this stage.

Detailed headnote1 paragraphs

Gauhati High Court, order dated 10.09.2025 (Pranjal Das, J.), Bail Appln./2701/2025: petition under Section 483 of the BNSS, 2023 by accused Aktar Ali @ Petla for bail in Basistha P.S. Case No.395/2025 under Sections 118(2)/109/3(5) of the BNS Act, arising from an ejahar dated 03.09.2025 by the victim's mother alleging a brutal attack leaving the victim hospitalised. The victim's police statement implicated both named accused; prosecution reported piercing injuries with surgical repair and incomplete investigation. Considering apprehension about the safety of the alleged victim, the Court rejected the bail application at this stage and directed return of the case diary.

A

Page No.# 1/2

GAHC010186182025

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

Case No. : Bail Appln./2701/2025

AKTAR ALI ALIAS PETLA S/O LATE RAHIM ALI R/O HOUSE NO. 29, BEHARBARI KALIMANDIR PATH, P.S. BASISTHA DIST. KAMRUP (M), ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR A RAHMAN Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

10.09.2025

Heard Mr. S. Munir, learned counsel appearing for the accused petitioner as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent.

This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Aktar Ali @ Petla praying for grant of bail in connection with Basistha P.S. Case No.395/2025 under Sections

Page No.# 2/2

118(2)/109/3(5) of the BNS Act.

The case arose out of an ejahar dated 03.09.2025 which was lodged by the victim’s mother with the allegation that some persons brutally attacked her daughter causing serious injury, for which she stated to be hospitalized and in serious condition.

It is submitted by the learned counsel for the petitioner that after regaining consciousness the victim stated that four persons attacked her of which two were unknown and two were known being Aktar Ali and Karim Ali and the present petitioner is Aktar Ali.

Mr. P. Borthakur, learned Additional Public Prosecutor submits that case diary has been received and investigation is on progress but not yet completed and which reveals materials lending support to the allegations. The medical report indicates piercing injuries and followed by surgical repair.

Learned Additional Public Prosecutor submits that the alleged victim in her statement recorded by the police has implicated both the named accused persons.

I have also perused the statement where in it is alleged by the victim in her statement that due to rivalry with her shop she was attacked by the assailants.

In that circumstances, I am of the considered view that at this stage there might be some apprehensions about the safety of the alleged victim.

Accordingly, the bail application stands rejected at this stage.

Return the case diary

This disposes of the bail application.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the accused-petitioner Aktar Ali @ Petla should be granted bail under Section 483 of the BNSS, 2023 in connection with Basistha P.S. Case No.395/2025 registered under Sections 118(2)/109/3(5) of the BNS Act.¶14
The court held
At this stage there might be some apprehensions about the safety of the alleged victim.ratio¶22

Statutes considered

4 provisions across 2 enactments

AI extract

BNSS, 2023483¶14
BNS Act118(2)¶16 109¶16 3(5)¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
Bail petition under Section 483 of the BNSS, 2023 filed by accused-petitioner Aktar Ali @ Petla in connection with Basistha P.S. Case No.395/2025.¶14
Prior proceeding
Case arose out of an ejahar dated 03.09.2025 lodged by the victim's mother alleging that some persons brutally attacked her daughter causing serious injury; victim hospitalised in serious condition.¶17
Prior proceeding
Investigation ongoing and not yet completed; case diary received by the prosecution.¶19
Prior proceeding
Per counsel for petitioner, after regaining consciousness the victim stated that four persons attacked her, two unknown and two known, namely Aktar Ali and Karim Ali; the petitioner is Aktar Ali.¶18
Prior proceeding
Alleged victim's police statement implicated both named accused persons.¶20

Parties & counsel

AI extract

petitioner
AKTAR ALI ALIAS PETLA¶6
MR. S MUNIR, MS. N.A. BEGUM, MR A RAHMAN
respondent
THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM¶8
PP, ASSAM, P. Borthakur

Coram

AI extract

PRANJAL DASauthor¶10

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 9 Sept 2025 · September
Registered: 18 Aug 2025
Case no.: Bail Appln./2701/2025
CNR: GAHC010186182025
Topic: Bail and Remand
Bench: Pranjal Das
Disposal: Disposed Of
Case type: Bail Appln.

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Cite this judgement

Aktar Ali Alias Petla v. the State of Assam, Bail Appln./2701/2025 (GAU), decided on 9 September 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

BNSS, 2023483
BNS Act118(2) · 109 · 3(5)

View all statutes

Procedural history5

Bail petition under Section 483 of the BNSS, 2023 filed by accused-petitioner Aktar Ali @ Petla in connection with Basistha P.S. Case No.395/2025.
Case arose out of an ejahar dated 03.09.2025 lodged by the victim's mother alleging that some persons brutally attacked her daughter causing serious injury; victim hospitalised in serious condition.

View full history

Bench / Coram

PRANJAL DAS

Parties & counsel