Allowed

Abdus Salam and Anr. v. the State of Assam

Gauhati HC14 Sept 2026AB/1978/2026

Case brief

AI extract

What is this about?

The Gauhati High Court considered a petition for anticipatory bail filed under Section 482 BNSS. The petitioners, family members of the deceased's husband, sought bail in a case involving alleged death and harassment allegations under the Bharatiya National Security Code, 2023. The court approved the interim bail.

What did the court decide?

Interim bail granted on 24.08.2026 made absolute subject to conditions of availability for trial, non-tampering with evidence, and no harassment of the informant.

Abdus Salam and Anr. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2026)

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GAHC010178432026

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THE GAUHATI HIGH COURT

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

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Case No. : AB/1978/2026

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ABDUS SALAM AND ANR

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S/O ASOR ALI ALIAS ASHAD ALI, RESIDENT OF VILLAGEKISMAT HASDAHA PT.III, P.O.- KISMAT HASDAHA, DISTRICT- DHUBRI ASSAM, PIN783334.

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2: RAFIQUL ISLAM ALIAS ROFIQUL HOQUE S/0- ABDUR RAHMAN ALIAS SAFIAR RAHMAN RESIDENT OF VILLAGEKISMAT HASDAHA PT. III P.O.- KISMAT HASDAHA DISTRICT- DHUBRI ASSAM PIN78333

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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 : R AMIN, S K RAHMATULLAH

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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Date : 15.09.2026

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Heard Mr. R. Amin, learned counsel for the petitioner. Also heard Mr. M.P.

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Goswami, learned Additional Public Prosecutor for the State.

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Invoking 482 BNSS, the present petitioners who are arrayed as accused nos. 6 and 7 respectively in the FIR giving rise to this case have sought anticipatory bail in connection with Dhubri P.S. Case No. 146 of 2026 u/s 61(2)/118(2)/308(7)/103(1)/3(5) of BNS, 2023, which after investigation resulted in a charge sheet. At present, the case is stated to be at the stage of appearance and awaiting committal.

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The allegation arose out of an FIR dated 23.03.2026, lodged by the uncle of the deceased. It is alleged that the deceased was married to accused no. 1 and that accused nos. 1 to 5 subjected her to various kinds of harassment and torture, including restrictions on her movement and communications with outside. They also demanded Rs.5 lakhs. It is alleged that on 22.03.2026, the informant and his family members received information that the girl was dead. Accordingly, they rushed to the residence. It is alleged that the accused persons including accused nos. 6 and 7 (present petitioners) were responsible for causing death of the victim girl.

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Drawing attention to the relevant portions of the charge sheet submitted after investigation, the learned counsel points out that the penal provision pertaining to homicide has been dropped and instead section 108 of BNS pertaining to abetement of suicide was given along with other penal provisions of BNS. The present petitioners have been indicated as absconding in the charge sheet and it is submitted by the learned counsel as per his information NBWA has not yet been issued. Learned counsel for the petitioners prays for interim protection.

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The petitioners were granted interim bail on 24.08.2026.

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It is submitted by the learned counsel for the petitioners that they are the family members of the husband of the deceased by way of being his cousin brothers.

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The learned Additional Public Prosecutor for the State on the basis of the scanned record submits that from the PM report, it appears that there is noncontinuous ligature mark in the neck.

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The case is stated to have reached at the stage of trial but charge has not been framed.

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In the circumstances, the interim bail granted to the petitioners vide order dated 24.08.2026 is hereby made absolute subject to the same conditions i.e. that the petitioners shall available for trial, if one commences; that the petitioner shall not hamper or tamper with evidence and that the petitioners shall not harm or harass the informant or his family.

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Violation or breach of condition(s) shall entail cancellation of the bail.

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The petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Abdus Salam and Anr. v. the State of Assam

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Abdus Salam and Anr. v. the State of Assam

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