Allowed

Abu Sama and Anr. v. the State of Assam

Gauhati HC14 Sept 2026AB/1304/2026

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to petitioners in a murder case under BNS. The court considered the children's welfare and noted the dying declaration implicated only the victim's husband, allowing bail on bond with sureties and conditions.

What did the court decide?

Granted pre-arrest bail on Rs. 20,000 bond each with surety to appear before Trial Court within 10 days and not tamper with evidence.

Abu Sama and Anr. Vs the State of Assam — Corruption | Gauhati HC (2026)

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GAHC010116682026

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

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Case No. : AB/1304/2026

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ABU SAMA AND ANR

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S/O LATE HASEN ALI, R/O UDHANTALA, DHING, NAGAON, PS DHING, DIST NAGAON, ASSAM

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2: PARBIN SULTANA W/O ABU SAMA R/O UDHANTALA DHING NAGAON PS DHING DIST NAGAON ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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Date : 15.09.2026

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Heard Mr. M. Saikia, learned Counsel for the petitioners and Mr. R.J.

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Baruah, learned Additional Public Prosecutor for the State.

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By this application, the petitioners have sought for pre arrest bail in connection with Dhing P.S. Case No. 116/2025 registered under Sections 103(1) of BNS, 2023. This is the second bail application filed by the petitioners, the first one being rejected by this Court vide order dated 27.02.2026. The FIR in connection with which the petitioners are apprehending arrest was lodged on 03.05.2025, wherein it was stated inter alia that petitioner no.1, who is the brother in law of the victim and petitioner no.2, who is the wife of petitioner no.1 had tied the victim with rope and threw kerosene oil on the victim and that the husband of the victim had set the victim on fire with jute sticks. It was further stated that villagers gathered on hearing the scream of the victim and the victim was taken to the hospital and the victim died at around 08:00 pm on the same day.

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The learned Counsel for the petitioner submits that the petitioners are husband and wife and they have two minor children, who are now staying with relatives of the petitioners. He submits that the only allegations against the petitioners are that they had tied the victim with rope and threw kerosene oil on the victim.

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Mr. R.J. Baruah, learned Additional Public Prosecutor for the State, however, submits that in the dying declaration, the only allegation was made against the husband of the victim. He also submits that there is no new ground for entertaining this instant bail application and that earlier bail application was rejected on perusal of the Case Diary.

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Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the children of the petitioners have grown and their education has to be properly looked into by the petitioners and

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also due to the fact that in the dying declaration, the allegation is only against the husband of the victim, this Court deems it fit to enlarge the petitioners on pre arrest bail on furnishing of bail bond of Rs. 20,000/- each with one local surety each of the like amount to the satisfaction of District and Sessions Judge, Nagaon under the following conditions:

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i) the petitioners will appear before the Trial Court within a period of 10 days from the date of this order without fail.

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ii) the petitioners will appear before the Trial Court thereafter as and when called for.

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iii) the petitioners will not hamper, tamper with the evidence, neither influence the witnesses connected with the case.

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iv) the petitioners will not leave the place of jurisdiction without the permission of the concerned Court.

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Petition is disposed of.

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JUDGE

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Comparing Assistant

Abu Sama and Anr. v. the State of Assam

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Abu Sama and Anr. v. the State of Assam

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