Salimuddin Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Salimuddin Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail granted on furnishing bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the arresting authority, subject to conditions: (i) appear before the Investigating Officer as and when called; (ii) not leave the State of Assam without permission of the arresting authority; (iii) appear before the Investigating Officer within 10 days from the date of the order.

Issue for consideration

Whether the petitioner is entitled to pre-arrest (anticipatory) bail in connection with Goroimari PS Case No. 49/2025, registered under Sections 142/308/117(2)/351(2)/3(5) of BNS.

Court's answer

On consideration of the submissions and perusal of the FIR, the Court found that when the informant went to the place where she was called by her husband she recovered him, and that no untoward incident or any serious occurrence was stated in the FIR.

Ratio / Principle

The Court released the petitioner on pre-arrest bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the arresting authority, subject to conditions: (i) to appear before the Investigating Officer as and when called; (ii) not to leave the State of Assam without the permission of the arresting authority; and (iii) to appear before the Investigating Officer within 10 days of the order.

Detailed headnote1 paragraphs

Gauhati High Court (Shamima Jahan, J.), order dated 08.06.2026 in AB/1212/2026: pre-arrest bail granted to Salimuddin in connection with Goroimari PS Case No. 49/2025, registered under Sections 142/308/117(2)/351(2)/3(5) of BNS. The FIR lodged on 05.06.2025 alleged kidnapping of the informant's husband, assault, and a demand of Rs. 3 lacs with a threat to kill; counsel for the petitioner contended the episode related to recovery of a Rs. 3 lacs loan and an amicable settlement before the police arrived, while the Additional Public Prosecutor sought the Case Diary. Finding that the FIR disclosed no untoward incident or serious occurrence when the informant recovered her husband, the Court released the petitioner on a bail bond of Rs. 10,000/- with one surety of the like amount, imposing conditions including appearance before the Investigating Officer within 10 days and not leaving Assam without the arresting authority's permission. Bail application stands disposed of.

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GAHC010111862026

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

Case No. : AB/1212/2026

SALIMUDDIN

S/O- LT. KHABURUDDIN, R/O VILL P.O.- TUKRAPARA, P.S- GOROIMARI, DISTRICT KAMRUP, ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.

Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 08.06.2026

Heard Mr M I Hussain, learned counsel for the petitioner and Mr K Baishya, learned Additional Public Prosecutor for the State of Assam.

By this application, the petitioner has prayed for pre-arrest bail in

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connection with Goroimari PS Case No. 49/2025, registered under Sections 142/308/117(2)/ 351(2)/3(5) of BNS.

The FIR lodged on 05.06.2025, reveals that the husband of the informant was kidnapped by the accused persons named in the said FIR, however, only one accused person was named and others were identified and they were not named as such. It was further stated that her husband informed her over telephone that the accused persons had assaulted him and has demanded Rs. 3 lacs, along with a threatening that if he does not pay he will be killed. The informant further stated that after knowing about the incident, she arrived at the Police Station and went to the place of occurrence and recovered her husband.

The learned counsel for the petitioner submits that the actual fact was not stated in the FIR, inasmuch, as the informant’s husband had taken Rs. 3 lacs from the petitioner for the purpose of purchasing a vehicle with the promise to return back the money within a period of one month, but the husband of the informant had not repaid the money back and that on the said date, i.e., on 05.06.2025, the husband of the informant was caught with an intention to hand him over to the Police and with the interference of the local people, the matter was amicably settled and when the informant and the Police reached, the husband was taken to the Police Station. As such, he submits that there was no incident of kidnapping or threatening.

The learned Additional Public Prosecutor, however, submits that the real fact would be revealed from the Case Diary and as such, has prayed for calling of the same.

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On consideration of the submissions made by the learned counsel for the parties and on perusal of the FIR, it is seen that when the wife of the informant went to the place, where she was called by her husband, she recovered her husband. No untoward incident or any serious occurrence was stated in the said FIR, while recovering her husband. As such, this Court finds it fit to release the petitioner on pre-arrest bail on furnishing bail bond of Rs. 10,000/-, with one surety of the like amount to the satisfaction of the arresting authority, on the following conditions:-

i) He will appear before the Investigating Officer, as and when called for.

ii) He will not leave the State of Assam, without the permission of the arresting authority.

(iii) He will appear before the Investigating Officer within a period of 10 days from the date of this order.

Bail Application stands disposed of.

JUDGE

Comparing Assistant