Dismissed¶7

Mokbul Ali and 5 Ors. v. the State of Assam

Pre-arrest bail – Section 482 BNSS, 2023

Gauhati HC7 Jan 2026AB/2885/2025

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What is this about?

Anticipatory/pre-arrest bail rejected; Section 482 BNSS 2023; Manikpur P.S. Case No.91/2025; Sections 61(2)/103 BNS 2023 (criminal conspiracy, culpable homicide/homicide); murder of Sorhab Ali on 29.07.2025; ejahar by Sakiyet Ali dated 30.07.2025; plea of alibi negated by Case Diary material; custodial interrogation needed for conspiracy and money trail; interim protection to petitioner no.1; Barpeta, Assam; Gauhati High Court; Sanjeev Kumar Sharma, J.; AB/2885/2025.

What did the court decide?

With regard to petitioners other than petitioner no.1, the Court found sufficient incriminating material in the Case Diary involving criminal conspiracy to kill the victim and also contribution of money for the said purpose. ¶5

Mokbul Ali and 5 Ors. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2026)

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GAHC010267872025

2026:GAU-AS:342

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

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Case No. : AB/2885/2025

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MOKBUL ALI AND 5 ORS.

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S/O LT MEHER ALI, R/O VILL KOLBARI, PO BHULUKADOBA, PS SORBHOG, DIST BARPETA, ASSAM, PIN 781317

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2: RAFIKUL ALI S/O LT MEHER ALI R/O VILL KOLBARI PO BHULUKADOBA PS SORBHOG DIST BARPETA ASSAM PIN 781317

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3: ABDUL SAHID ALIAS SAHID SEIKH S/O LT MEHER ALI R/O VILL KOLBARI PO BHULUKADOBA PS SORBHOG DIST BARPETA ASSAM PIN 781317

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4: SARIFUL ALI

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S/O LT HASMAT ALI R/O VILL KOLBARI PO BHULUKADOBA PS SORBHOG DIST BARPETA ASSAM PIN 781317

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5: MUNNAF ALI S/O JUNAB ALI ALIAS JUNA R/O VILL KOLBARI

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Page No.# 2/4

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PO BHULUKADOBA PS SORBHOG DIST BARPETA ASSAM PIN 781317

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6: MAZID ALI S/O LT BAKTAJAMAL R/O VILL KOLBARI PO BHULUKADOBA PS SORBHOG DIST BARPETA ASSAM PIN 78131 VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM

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Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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08.01.2026

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Heard Mr. M.R. Khandakar, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing for the State respondent.

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2. This application under Section 482 of BNSS, 2023 praying for pre- rest bail on behalf of the petitioners, namely, 1. Mokbul Ali, 2 . Rafikul Ali, 3 . Abdul Sahid @ Sahid Seikh, 4 . Sariful Ali, 5. Munnaf Ali, 6. Mazid Ali, in connection with Manikpur P.S Case No.91/2025 under Sections 61(2)/103 of BNS, 2023.

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Page No.# 3/4

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3. The case arose out of an ejahar dated 30.07.2025, lodged by one Sakiyet Ali with the allegations that on 29.07.2025 at around 7:40 PM while his elder brother i.e. Sorhab Ali was returning on a motorcycle and reached near the house of one Debnath, the accused persons, in a pre-planned manner and due to previous grudge, stabbed his brother and caused his death and later his body was found by passersby.

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4. The learned counsel for the petitioner submits that due to earlier land dispute, the petitioners have been falsely implicated in the present case and prima-facie, the petitioners are raising contention of alibi. It is submitted by the learned counsel by reference to Annexure-2 that on the same day, petitioner no.1 i.e. Ebadul Ali @ Ebadul Ali Sk along with two other persons were on naka checking duty on 29.07.2025 from 2 PM to 8 PM. It is further submitted, with reference to Annexure-3 at page 16, that at the relevant time, the other accused persons were going towards Meghalaya side in a vehicle bearing registration no.AS-02-AB-9587.

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5. The learned Additional Public Prosecutor has produced the Case Diary wherefrom it appears that pursuant to the interim protection granted by this Court to the petitioner no.1, the petitioner no.1 has appeared before the 1.0 and his statement has been recorded. However, with regard to the remaining petitioners, there appears to be sufficient incriminating material involving criminal conspiracy to kill the victim and also contribution of money for the said purpose.

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6. In view of the disclosures made by the arrested accused persons, the custodial interrogation of the petitioners is necessary to unearth the full extent of the conspiracy as well as the money trail.

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Page No.# 4/4

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7. The plea of alibi taken on behalf of the petitioners also appears to be negated by the incriminating material available in the Case Diary. Having regard to the same, the pre-arrest bail stands rejected in respect of petitioner Nos. 1, 2, 3, 4, 5 and 6.

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8. The petition stands disposed of accordingly.

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9. Send back the Case Diary.

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JUDGE

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Comparing Assistant

Mokbul Ali and 5 Ors. v. the State of Assam

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Mokbul Ali and 5 Ors. v. the State of Assam

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