Saddam Ali Alias Hussain and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

Saddam Ali Alias Hussain and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Interim pre-arrest bail granted vide order dated 28.11.2025 made absolute (pre-arrest bail under S. 482 BNSS, 2023 granted to both petitioners), subject to their cooperating with the further proceedings of the case.

Issue for consideration

Whether pre-arrest (anticipatory) bail under Section 482 of BNSS, 2023 should be granted to the petitioners, Saddam Ali alias Hussain and Ismail Mandal, in connection with C.R. Case No. 555/2023 arising out of Sonapur PS Case No. 697/2019 pending before the Court of JMFC-2, Kamrup(M), Guwahati.

Court's answer

Having regard to the Final Report submitted by the I.O. and the fact that the co-accused husband of the victim had already been granted bail (order dated 01.02.2020, Additional Sessions Judge, Kamrup (M)), it would not be necessary to take the petitioners into custody for the purpose of the proceedings before the learned Magistrate.

Ratio / Principle

The prayer for interim pre-arrest bail dated 28.11.2025 is made absolute, i.e., pre-arrest bail under Section 482 BNSS, 2023 is granted.

Key takeaways

The grant is conditioned on the petitioners cooperating with the further proceedings of the case.ratio¶9

Detailed headnote1 paragraphs

Gauhati High Court (single Bench, Justice Sanjeev Kumar Sharma; decided 04.02.2026) — Application under Section 482 of BNSS, 2023 for pre-arrest bail by Saddam Ali alias Hussain and Ismail Mandal, accused summoned in C.R. Case No. 555/2023 (registered from a protest petition forwarded to CJM Kamrup(Metro) by order dated 11.10.2023) arising out of Sonapur PS Case No. 697/2019 pending before JMFC-2, Kamrup(M), Guwahati. Allegations: dowry demands on the informant's daughter after her marriage to Md. Robiul Hussain; on 09.12.2019 Robiul Hussain and Saddam Ali assaulted her, poured kerosene and set her on fire; she died on 10.12.2019. Interim pre-arrest bail earlier granted by this Court on 28.11.2025 in view of the I.O.'s Final Report and the co-accused husband already being on bail (order dated 01.02.2020, Additional Sessions Judge, Kamrup (M)). Held: custody of the petitioners unnecessary for the proceedings before the learned Magistrate; interim-bail prayer made absolute; petitioners to cooperate with further proceedings. Petition disposed of accordingly.

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GAHC010258512025

2026:GAU-AS:1417

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

Case No. : AB/2779/2025

SADDAM ALI ALIAS HUSSAIN AND ANR S/O ISMAIL MANDAL, R/O GOBINDAPUR, PS GOALPARA,DIST GOALPARA,ASSAM

2: ISMAIL MANDAL S/O JAYANAL ABEDIN R/O GOBINDAPUR PS GOALPARA DIST GOALPARA ASSA

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR D MEDHI, FIRUZA BEGUM,S YESMIN,MR K THAKUR,MR. J N SUWAI

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

04.02.2026

Heard Mr. Firuza Begum, learned counsel for the petitioners. Also heard Mr.

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P. Borthakur, learned Additional Public Prosecutor for the State.

This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the petitioners namely, Saddam Ali Hussain and Ismail Mandal, in connection with C.R. Case No. 555/2023 arising out of Sonapur PS Case No. 697/2019 pending before the Hon'ble Court of JMFC-2, Kamrup(M), Guwahati.

In this case, the Investigating Officer has submitted an FIR but pursuant to this petition, the learned Magistrate by Order dated 11.10.2023 forwarded the protest petition to the learned CJM, Kamrup(Metro) for registering it as a complaint case, pursuant to which, it was registered as a complaint case and summons have been issued to the petitioners.

The allegation in the instant case is that on 14.12.2019, the informant lodged an FIR before the Officer-in-Charge of Sonapur Police Station stating inter-alia that one and a half years ago his daughter was married to one Md. Robiul Hussain. Since their marriage, the husband along with his father Ismail Mandal and brother Saddam Ali were demanding dowry from his daughter. On 09.12.2019, Robiul Hussain and Saddam Ali assaulted the victim and poured kerosene on her body and set her on fire. As a result, the victim succumbed to her injuries on 10.12.2019. Hence, the present petition.

Scanned copy of the TCR has been received.

This Court vide order dated 28.11.2025 had granted interim pre arrest

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bail to the petitioners having regard to the fact that the I.O. had submitted Final Report in the case and also the fact that the co-accused i.e. the husband of the victim has already been granted bail by order dated 01.02.2020 passed by the learned Additional Sessions Judge, Kamrup (M).

Having regard to the aforesaid, it would not be necessary to take the petitioners into the custody for the purpose of the proceedings before the learned Magistrate.

Accordingly, the prayer for interim bail dated 28.11.2025 is hereby made absolute.

It is further provided that the petitioners shall cooperate with the further proceedings of the case.

The petition stands disposed of accordingly.

JUDGE

Comparing Assistant