Saiful Islam Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

Saiful Islam Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail protection under Section 482 BNSS, 2023: petitioner to be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Arresting Authority in the event of arrest/appearance in connection with Juria P.S. Case No. 316/23, subject to conditions that he co-operate in the trial, if commenced, and not intimidate or influence witnesses.

Issue for consideration

Whether the petitioner, who apprehends arrest and remand to custody in connection with Juria P.S. Case No. 316/23 (charge-sheeted under Sections 143/147/148/447/326/307 IPC), is entitled to pre-arrest release/bail under Section 482 of BNSS, 2023.

Court's answer

Upon perusal of the medical report, the injuries appear to be simple in nature, and therefore Sections 326/307 of the Indian Penal Code may not be attracted.

Ratio / Principle

In view of the above and the petitioner's apprehension of remand upon appearance (some alleged offences being sessions-triable), the petitioner is to be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Arresting Authority in the event of arrest/appearance in connection with the aforesaid case.

Key takeaways

The petitioner is directed to co-operate in the trial, if one commences against him, and shall not try to intimidate or influence the witnesses in any manner.ratio¶26

Detailed headnote1 paragraphs

Anticipatory bail - Section 482 BNSS, 2023 - Petitioner, shown as a charge-sheeted absconder in Juria P.S. Case No. 316/23 under Sections 143/147/148/447/326/307 IPC arising out of an alleged armed assault during a land dispute (counter-FIR: Juria P.S. Case No. 318/2023), apprehended remand upon appearance as some offences were sessions-triable and a non-bailable warrant stood issued - Perusal of the medical report showed the injuries were simple in nature, hence Sections 326/307 IPC may not be attracted - Held: petitioner to be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Arresting Authority in the event of arrest/appearance, with directions to co-operate in the trial and not intimidate or influence witnesses - Petition disposed of accordingly.

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GAHC010073652026

2026:GAU-AS:8627

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

Case No. : AB/837/2026

SAIFUL ISLAM

S/O LATE HARUN RASHID R/O VILL. CHATIANGAONP.S. JURIANOTARDIST. NAGAON, ASSAM, 782124

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : DARAK ULLAH, MS. S D HUSSAIN,D.R. AHMED,SABRISH AHMED,MS A HUSSAIN

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

16.06.2026

Heard Mr. S. Ahmed, learned counsel for the petitioner. Also heard Mr. D.P.

Goswami, learned Additional Public Prosecutor.

This is an application under Section 482 of BNSS, 2023.

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The brief fact of the case is that on 16.12.2023, informant Ahmad Ali lodged an FIR alleging inter-alia that at about 12:30 pm, the FIR named accused persons have criminally trespassed to the informant's land and when the informant and his family prevented the accused persons from doing so, then the accused persons assaulted his family members with sharp weapons and as a result of which they sustained grievous injuries and were admitted to Nagaon Civil Hospital.

Based on the strength of the said FIR, the same was registered as Juria P.S. Case No. 316/23, under Section 143/147/148/447/326 IPC and later charge sheeted vide C/S No. 50/24 dated 31.03.2024 under Section 143/147/148/447/326/307 Indian Penal Code, 1860, wherein the petitioner has been shown as a charge sheeted absconder.

The case is now pending for committal as some of the sections are sessions triable but due to non appearance of the accused persons, non-bailable warrant of arrest has been issued against them, including the petitioner. It is submitted that an exaggerated FIR has been lodged against the petitioner as there is a land dispute between the two sides and in this regard, one FIR was also lodged by the accused’s side against the informants side which is registered as Juria

P.S. Case No. 318/2023, under Sections 143/147/148/325/326.

Upon perusal of the medical report, it appears that the injuries are simple in

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nature and therefore, Sections 326/307 of Indian Penal Code may not be attracted.

Having regard to the above and also to the apprehension of the petitioner that, upon the appearance, he may be remanded to custody as the some of the alleged offences are sessions triable, it is provided that the petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Arresting Authority in the event of the arrest/appearance in connection with the aforesaid case. It is further directed that the petitioner shall co-operate in the trial, if one commences against him

and shall not try to intimidate or influence the witnesses in any manner.

The petition stands disposed of accordingly.

JUDGE

Comparing Assistant