Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Babu Ali and 2 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

Home
Gauhati HC
2026
Babu Ali and 2 Ors. Vs the State of AssamBabu Ali and 2 Ors. v. the State of Assam

Allowed¶23

Babu Ali and 2 Ors. v. the State of Assam

Bail – Application under S.482 BNSS, 2023 (AB/501/2026)

Gauhati HC10 Mar 2026AB/501/2026

Case brief

AI extract

What is this about?

Gauhati High Court order dated 11.03.2026 by Parthivjyoti Saikia, J. in AB/501/2026. Application under Section 482 of the BNSS, 2023 by Babu Ali, Urmila Khatoon and Farida Khatoon regarding PRC No.516/2024 before the Addl. CJM, Sonitpur, Tezpur. Petitioners shown as absconders in the charge sheet alleging a Sessions triable offence; had received summonses and feared remand to custody; also claimed the court below lacked jurisdiction. Counsel: Sarfraz Nawaz et al. for petitioners; D.P. Goswami, Addl. PP for the State. Court held willing accused deserve adequate opportunity to face trial; directed appearance on 19.03.2026, application for bail on appearance, and release on bail of Rs. 25,000/- each with sureties of like amount; application allowed and disposed of. Keywords: Section 482 BNSS 2023; absconder; charge sheet; Sessions triable offence; PRC 516/2024; Addl. CJM Sonitpur Tezpur; summons; bail Rs. 25,000; adequate opportunity to face trial.

What did the court decide?

Application for bail allowed: petitioners directed to appear before the learned Addl. C.J.M., Sonitpur, Tezpur on 19.03.2026 in respect of PRC No.516/2024, to apply for bail on appearance, and the court below directed to release them on bail of Rs. 25,000/- each with sureties of like amount; with these directions the application stands disposed of. ¶23

Why is it important?

Since the petitioners are willing to face the trial, they deserve to be given adequate opportunity to face trial. ¶22

What the court decided

AI extract

Outcome

Application for bail allowed: petitioners directed to appear before the learned Addl. C.J.M., Sonitpur, Tezpur on 19.03.2026 in respect of PRC No.516/2024, to apply for bail on appearance, and the court below directed to release them on bail of Rs. 25,000/- each with sureties of like amount; with these directions the application stands disposed of.

Issue for consideration

Whether the petitioners, shown as absconders in the charge sheet in PRC No.516/2024 and apprehending remand to custody, should be given adequate opportunity to face trial and be admitted to bail on their appearance before the court below.

Court's answer

Since the petitioners are willing to face the trial, they deserve to be given adequate opportunity to face trial.

Ratio / Principle

The petitioners (1) Babu Ali, (2) Urimla Khatoon and (3) Farida Khatoon were directed to appear before the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur on 19.03.2026 in respect of PRC No.516/2024 and, on appearance, to apply for bail; the court below was directed to release them on bail of Rs. 25,000/- each with sureties of like amount.

Detailed headnote1 paragraphs

Bail — Application under S.482 BNSS, 2023 (AB/501/2026) — petitioners Babu Ali, Urmila Khatoon and Farida Khatoon shown as absconders in charge sheet alleging Sessions triable offence in PRC No.516/2024 pending before learned Addl. CJM, Sonitpur, Tezpur — summonses received — apprehension of custodial remand; jurisdiction objection raised — Held: since petitioners are willing to face the trial, they deserve adequate opportunity to that effect — petitioners directed to appear before the court below on 19.03.2026, apply for bail, and to be released on bail of Rs. 25,000/- each with sureties of like amount — application allowed and disposed of. (Parthivjyoti Saikia, J., 11.03.2026 — Gauhati High Court)

A

Page No.# 1/3

GAHC010048332026

undefined

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

Case No. : AB/501/2026

BABU ALI AND 2 ORS. S/O JANIF ALI, R/O VILL NO 2 CHAPORABARI, PS MAZBAT, DIST UDALGURI, ASSAM

2: URMILA KHATOON D/O MOHINA ALI R/O VILL NO 2 CHAPORABARI PS MAZBAT DIST UDALGURI ASSAM

3: FARIDA KHATOON W/O RUSTAM ALI R/O VILL NO 2 CHAPORABARI PS MAZBAT DIST UDALGURI ASSA

VERSUS

THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR SARFRAZ NAWAZ, A MISHRA,R MALI,MD A RAHMAN,MR A W AMAN,SAMIM RAHMAN,MR. SURAJIT DAS

Advocate for the Respondent : PP, ASSAM,

Page No.# 2/3

:: BEFORE ::

HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

11.03.2026

Heard Mr. S. Nawaz, the learned counsel appearing for the petitioners as well as Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam.

2. This is an application under Section 482 of the BNSS, 2023 in respect of PRC No.516/2024 pending in the court of learned Addl. Chief Judicial Magistrate, Sonirpur, Tezpur.

3. The petitioners have been shown as absconder in the charge sheet, which alleges commission of Sessions triable offence. The petitioners have received summonses from the court of learned Addl. CJM, Sonitpur, Tezpur. They, now, apprehends that since they are shown as absconder in the charge sheet, they will be remanded to custody. The petitioner also submits that that the said court of learned Addl. CJM, Sonitpur, Tezpur does not have the jurisdiction to entertain their case. The petitioners have submitted that they are interested in facing the trial so they should be given adequate opportunity to that effect.

4. I have considered the submissions made by the learned counsel for both sides.

5. This Court is of the opinion that since the petitioners are willing to face the trial, they deserve to be given adequate opportunity to that effect.

6. Therefore, their application for bail is allowed.

7. It is hereby directed that the petitioners, namely- (1) Babu Ali, (2) Urimla Khatoon and (3) Farida Khatoon shall appear before the court of learned Additional

Page No.# 3/3

Chief Judicial Magistrate, Sonitpur, Tezpur on 19.03.2026 in respect of PRC No.516/2024 and on their appearance they shall apply for bail and the court below shall release them on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the said court i.e. learned Addl. C.J.M., Sonitpur, Tezpur.

With the aforesaid direction, the present application for bail is disposed of.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioners, shown as absconders in the charge sheet in PRC No.516/2024 and apprehending remand to custody, should be given adequate opportunity to face trial and be admitted to bail on their appearance before the court below.medium confidence¶20
The court held
Since the petitioners are willing to face the trial, they deserve to be given adequate opportunity to face trial.ratio¶22

Statutes considered

1 provisions across 1 enactments

AI extract

BNSS, 2023482¶19

Procedural history

How this case reached the court

AI extract

Prior proceeding
Application filed under Section 482 of the BNSS, 2023 in respect of PRC No.516/2024 pending before the learned Addl. Chief Judicial Magistrate, Sonitpur ('Sonirpur' as printed in para 19), Tezpur.¶19
Prior proceeding
Charge sheet in the PRC shows the petitioners as absconders and alleges commission of a Sessions triable offence.¶20
Prior proceeding
Petitioners received summonses from the court of the learned Addl. CJM, Sonitpur, Tezpur.¶20
Prior proceeding
Petitioners apprehend remand to custody because they are shown as absconders in the charge sheet.¶20
Prior proceeding
Petitioners contended that the court of the learned Addl. CJM, Sonitpur, Tezpur lacks jurisdiction to entertain their case (objection noted; no express ruling recorded).¶20

Parties & counsel

AI extract

petitioner
Babu Ali, Urmila Khatoon and Farida Khatoon (captioned as 'BABU ALI AND 2 ORS.')¶6
MR SARFRAZ NAWAZ, A MISHRA, R MALI, MD A RAHMAN, MR A W AMAN, SAMIM RAHMAN, MR. SURAJIT DAS
respondent
The State of Assam, represented by the Learned Public Prosecutor, Assam¶10
PP, ASSAM, Mr. D.P. Goswami

Coram

AI extract

Parthivjyoti Saikiaauthor¶15

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 10 Mar 2026 · March
Registered: 9 Mar 2026
Case no.: AB/501/2026
CNR: GAHC010048332026
Topic: Anticipatory Bail
Bench: Parthivjyoti Saikia
Disposal: Disposed Of
Case type: AB

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Parthivjyoti Saikia

MD Mohibul Hoque Vs the State of Assam
9 Mar 2026
MD Rabbul Hussain Vs the State of Assam and Anr.
9 Mar 2026
Kalu Ali Vs the State of Assam
9 Mar 2026
Selim Ahmed Salim Ahmed Vs the State of Assam
10 Mar 2026
Ajit Das Alias Ashit Das Vs the State of Assam
10 Mar 2026
Fokhoruddin Ali Ahmed Vs Akbar Ali
10 Mar 2026

Cite this judgement

Babu Ali and 2 Ors. v. the State of Assam, AB/501/2026 (GAU), decided on 10 March 2026.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

BNSS, 2023482

View all statutes

Procedural history5

Application filed under Section 482 of the BNSS, 2023 in respect of PRC No.516/2024 pending before the learned Addl. Chief Judicial Magistrate, Sonitpur ('Sonirpur' as printed in para 19), Tezpur.
Charge sheet in the PRC shows the petitioners as absconders and alleges commission of a Sessions triable offence.

View full history

Bench / Coram

Parthivjyoti Saikia

Parties & counsel