Dismissed¶¶23

Atikur Rahman v. the State of Assam

Gauhati HC15 Jun 2026AB/794/2026

Case brief

AI extract

What is this about?

AB/794/2026 | Gauhati High Court | 16.06.2026 | Atikur Rahman v. State of Assam | anticipatory/pre-arrest bail under Section 482 BNSS 2023 REJECTED | Howly P.S. Case No. 03/2026, Section 109(1) BNS | FIR 03.01.2026, poisoning with ORSL, Barpeta Hospital, Guwahati referral | victim expired; dying declaration squarely implicated petitioner; other material in case diary | petition dismissed; case diary ordered sent back.

What did the court decide?

The victim in her dying declaration has squarely implicated the petitioner, and besides that there is also other material against the petitioner in the case diary. ¶¶21

Atikur Rahman Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

Page No.# 1/3

GAHC010072672026

2026:GAU-AS:8622

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

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Case No. : AB/794/2026

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ATIKUR RAHMAN S/O KUMUR UDDIN VILL- MANDIA GAON,P.S. BAGHBAR DIST. BARPETA, ASSAM

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VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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16.06.2026

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Heard Mr. H. A. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State.

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This petition under Section 482 BNSS, 2023 is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Atikur Rahman , apprehending arrest in connection with Howly P.S. Case No. 03/2026 under Section 109(1) of the BNS.

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An FIR was lodged on 03.01.2026, before the Howly Police Station, alleging, inter alia, that the informant’s daughter had been in a love affair with the accused applicant for about two years; that the guardians of both parties had met and fixed 31.12.2025 as the date for their marriage; that on 30.12.2025, the accused applicant went alone to the informant's house to meet the girl when no one else was present and gave her a poisonous substance mixed with ORSL, which he made her drink; that after consuming the said substance, the informant’s daughter became unconscious and was admitted to Barpeta Hospital in a critical condition and was thereafter referred to Guwahati for further treatment, from where she was discharged; however, her health subsequently deteriorated and it is alleged that the accused applicant had conspired to kill the informant’s daughter in a pre-planned manner.

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Upon receipt of the FIR, the police registered Howly P.S. Case No.

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Page No.# 3/3

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03/2026 under Section 109(1) of the BNS, 2023.

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It is submitted that subsequently, the informant’s daughter expired.

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Case diary as called for has been received.

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The victim in her dying declaration has squarely implicated the petitioner and besides that, there is also other material against the petitioner in the case diary.

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Having regard to the above, the prayer for pre-arrest bail stands rejected.

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Petition stands dismissed.

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Send back the case diary.

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JUDGE

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Comparing Assistant

Atikur Rahman v. the State of Assam

Case brief

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Atikur Rahman v. the State of Assam

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