Allowed¶24

Khairul Islam v. the State of Assam and Anr.

Gauhati HC5 May 2026AB/444/2026

Case brief

AI extract

What is this about?

Gauhati High Court; AB/444/2026; neutral citation 2026:GAU-AS:6160; Khairul Islam v. State of Assam and Abdul Ali (informant); pre-arrest bail; anticipatory bail; Section 482 Bharatiya Nagarik Suraksha Sanhita 2023; Sections 137(2)/127(2)/64(1)/351(2) Bharatiya Nyaya Sanhita 2023; Laharighat Police Station Case No. 13/2026; Laharighat PS; Morigaon, Assam; amicable settlement; No Objection Affidavit marked 'X'; custodial interrogation not required; interim order dated 15.03.2026 made absolute; case diary sent back; Justice Susmita Phukan Khaund; decided 06.05.2026.

What did the court decide?

Pre-arrest bail granted: the interim order dated 15.03.2026 is made absolute; the No Objection Affidavit executed by the informant is marked 'X' and kept on record; the Case Diary is to be sent back. ¶24

Khairul Islam Vs the State of Assam and Anr. — Anticipatory Bail | Gauhati HC (2026)

Page No.# 1/2

GAHC010042542026

2026:GAU-AS:6160

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

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Case No. : AB/444/2026

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KHAIRUL ISLAM

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S/O LT. AHED ALI, R/O VILL - GOROIMORI, P.S. - LAHARIGHAT, DIST MORIGAON, ASSAM -782104

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:ABDUL ALI (INFORMANT) S/O LATE RUSTAM ALI R/O VILLAGE - LAHARIPAM PS - LAHARIGHAT DISTRICT MORIGAON- 78210

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Advocate for the Petitioner : S K PODDAR, R MANDAL,MR. R GHOSH,MS. N PODDAR,MR. C SHARMA

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Advocate for the Respondent : PP, ASSAM, MS T PARASHAR (R-2)

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BEFORE

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HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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06.05.2026

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Heard learned counsel Mr. S. K. Poddar for the petitioner Khairul Islam who has filed this application under Section 482 of Bharatiya Nagarik Suraksha

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Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Laharighat Police Station Case No. 13/2026 under Sections 137(2)/127(2)/64(1)/351(2) of Bharatiya Nyaya Sanhita, 2023.

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Heard Mr. B. Sarmah, learned Additional Public Prosecutor for the respondent State and learned counsel Ms. T. Parashar for respondent No. 2.

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It is submitted by the learned counsel for the respondent No. 2 that both the parties i.e., the informant and the accused have amicably settled their dispute.

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It is submitted on behalf of the petitioner that the accused No. 1 and the victim had a love affair and they went to watch Mela but was late while returning and then they took shelter in the petitioner’s house. It is submitted that the petitioner has handed over the victim to her family members on the same night.

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Considering the entire aspect of the matter, it appears that custodial interrogation may not be required.

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Thereby, the interim order dated 15.03.2026 is hereby made absolute.

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A copy of the No Objection Affidavit executed by the informant is marked as ‘X’ and kept in the record.

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Send back the Case Diary.

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JUDGE

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Comparing Assistant

Khairul Islam v. the State of Assam and Anr.

Case brief

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Khairul Islam v. the State of Assam and Anr.

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