Nazmul Islam @ Nazmul Ali and 3 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

Nazmul Islam @ Nazmul Ali and 3 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to all four petitioners on furnishing a bail bond of Rs. 20,000/- each with one local surety each of like amount, to the satisfaction of the Investigating Officer, subject to the three enumerated conditions.

Issue for consideration

Whether the four petitioners are entitled to pre-arrest bail under Section 482 of BNSS, 2023 in connection with Kalgachia P.S. Case No. 19/2026 (Sections 189(2), 121(2), 132 and 324(4) of BNS, 2023).

Court's answer

On consideration of the submissions made at the Bar, the Court deemed it fit that the petitioners be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- each with one local surety each of like amount, to the satisfaction of the Investigating Officer.

Ratio / Principle

The grant rested, among other considerations, on the fact that the FIR describes the accused merely as 'the accused persons and others' without elaborating who those others are.

Key takeaways

Pre-arrest bail was made subject to conditions: (i) the petitioners shall appear before the Investigating Officer within 10 days from the date of the order; (ii) they shall not hamper or tamper with the investigation in any manner; and (iii) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts.ratio¶¶27

Detailed headnote1 paragraphs

Gauhati High Court (Mrs. Justice Shamima Jahan), order dated 13-03-2026 in Anticipatory Bail Application No. AB/537/2026: Four petitioners — Nazmul Islam @ Nazmul Ali, Atower Rahman @ Atower Ali, Saiful Islam @ Saiful Ali and Jakir Hussain — sought pre-arrest bail under Section 482 of BNSS, 2023 in connection with Kalgachia P.S. Case No. 19/2026, registered under Sections 189(2)/121(2)/132/324(4) of BNS, 2023 following an ejahar dated 02.03.2026 alleging that 11 named accused, including the petitioners, caused damage to an accidental vehicle and to police vehicles after a tractor-motorcycle collision drew a crowd. Considering the submissions at the Bar, and noting that the FIR described the accused only as 'the accused persons and others' without identifying them, the Court released the petitioners on pre-arrest bail on a bail bond of Rs. 20,000/- each with one local surety each of like amount, to the satisfaction of the Investigating Officer, subject to conditions requiring appearance before the Investigating Officer within 10 days, abstention from hampering or tampering with the investigation, and no inducement, threat or promise to any person acquainted with the facts. The anticipatory bail application was disposed of accordingly. No precedent was cited and no general proposition of law was laid down beyond the discretionary grant on the FIR's imprecision.

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GAHC010049172026

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

Case No. : AB/537/2026

NAZMUL ISLAM @ NAZMUL ALI AND 3 ORS. S/O ABDUS SALAM @ SALAM MASTER VILL- SONTESHPUR PART-3, P.S. MERERCHAR, DIST. BONGAIGAON, ASSAM.

2: ATOWER RAHMAN @ ATOWER ALI S/O ABDUS SALAM @ SALAM MASTER VILL- SONTESHPUR PART-3 P.S. MERERCHAR DIST. BONGAIGAON ASSAM.

3: SAIFUL ISLAM @ SAIFUL ALI S/O LATE LASKAR ALI VILL- SONTESHPUR PART-3

P.S. MERERCHAR DIST. BONGAIGAON ASSAM.

4: JAKIR HUSSAIN S/O LATE LASKAR ALI VILL- SONTESHPUR PART-3

P.S. MERERCHAR DIST. BONGAIGAON ASSAM

VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I A HAZARIKA,MS A DAS,MR. H ALI

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Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 13-03-2026

Heard Mr. H.R.A. Choudhury, learned Sr. Counsel assisted by Mr. H. Ali, learned counsel for the petitioners and Mr. R.J. Baruah, learned Addl. P.P., Assam for the State respondent.

By this application under Section 482 of BNSS, 2023, the petitioners namely, 1) Nazmul Islam @ Nazmul Ali 2) Atower Rahman @ Atower Ali 3) Saiful Islam @ Saiful Ali and 4) Jakir Hussain have prayed for pre-arrest bail in connection with Kalgachia P.S. Case No. 19/2026 registered under Sections 189(2)/121(2)/132/ 324(4) of BNS, 2023.

The case started with the lodging of the ejahar dated 02.03.2026, by which it is revealed that on a collision between a tractor and a motorcycle number of people gathered at the place, after which, the police also arrived and it was alleged that the accused persons named in the FIR, 11 in numbers, which included the petitioners, have caused damage to the accidental vehicle as well as the police vehicles.

Mr. H.R.A. Choudhury, learned Sr. Counsel submits that it is an admitted position that at the place of occurrence 500 and more people gathered and that the police came to the place of occurrence and started randomly beating the people gathered therein, to which the people requested the police personnel not to beat up and that out of the said 500 people only the names of 11 accused persons are mentioned in the FIR, which he submits, is without any basis.

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Mr. R.J. Baruah, learned Addl. P.P., however, submits that although there may be more persons, the petitioners along with 7 others were identified and their names are put in the FIR to have damaged vehicles.

On consideration of the submissions made at the Bar, more so, due to the fact that in the FIR it is written as the accused persons and others, without elaborating who those others are, this Court deems it fit that the petitioners be released on prearrest bail on furnishing of a bail bond of Rs.20,000/- each with one local surety each of like amount to the satisfaction of the Investigating Officer, subject to the following conditions:-

(i) That the petitioners shall appear before the Investigating Officer within 10 days from the date of this order;

(ii) That the petitioners shall not hamper or tamper with the investigation in any manner; and

(iii) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

The anticipatory bail application is disposed of.

JUDGE

Comparing Assistant