Dismissed¶28

Aher Ali Ahmed v. the State of Assam

Gauhati HC3 Feb 2026AB/97/2026

Case brief

AI extract

What is this about?

Pre-arrest / anticipatory bail rejected under Section 482 BNSS; Gauhati High Court; Justice Pranjal Das; order dated 04.02.2026; Case No. AB/97/2026; Patacharkuchi P.S. Case No. 215/2025; Sections 318(3), 336(3), 340(2) BNS 2023; FIR dated 06.11.2025; forgery of income certificate; illegal land mutation entries; Gaon Pradhan informant; land of late Joyton Nessa; sons and daughters of late Kurpan Ali; investigation revealed forgery; mutation entries deleted on detection; no land or ancestral property dispute found; petitioner named in FIR; forgery of property documents adverse to property rights; bail petition rejected at this stage; case diary returned.

What did the court decide?

The petitioner is named in the FIR, the main allegations in the FIR are directed against him, and the investigation has also implicated him. ¶26

Aher Ali Ahmed Vs the State of Assam — Cheating and Forgery | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶28

Issue for consideration

Whether pre-arrest (anticipatory) bail under Section 482 BNSS should be granted to the petitioner, Aher Ali Ahmed, apprehending arrest in connection with Patacharkuchi P.S. Case No. 215/2025 registered under Sections 318(3)/336(3)/340(2) of BNS, 2023.

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Court's answer

The petitioner is named in the FIR, the main allegations in the FIR are directed against him, and the investigation has also implicated him.

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Ratio / Principle

Prima facie forgery of property documents is a serious matter which adversely impacts the valuable property rights of other persons.

¶26

Key takeaways

In the facts and circumstances of the case, the Judge was of the considered view that it may not be an appropriate case for grant of pre-arrest bail (printed with the anomaly 'for of grant').ratio¶26

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Pranjal Das), order dated 04.02.2026 in Case No. AB/97/2026: An anticipatory bail petition under Section 482 BNSS filed by Aher Ali Ahmed apprehending arrest in Patacharkuchi P.S. Case No. 215/2025, registered under Sections 318(3)/336(3)/340(2) of BNS, 2023. FIR dated 06.11.2025 alleged that an income certificate dated 1/4/2025 issued by the informant-Gaon Pradhan to the petitioner was forged into a hearsay certificate; the petitioner mutated his father's and other family members' names over the land of late Joyton Nessa (wife of Siraz Ali), and the land was later mutated in favour of sons and daughters of late Kurpan Ali; investigation on the matter coming to the Circle Office's notice revealed forgery, supported the allegations, and the illegal mutation entries were subsequently deleted upon detection; no land or ancestral property dispute was noticed in the investigation materials. Held: the petitioner is named in the FIR and investigation has implicated him; prima facie forgery of property documents seriously impacts the valuable property rights of others; hence it is not an appropriate case for grant of pre-arrest bail. Result: bail petition rejected at this stage; case diary ordered returned.

Page No.# 1/3

GAHC010005572026

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THE GAUHATI HIGH COURT

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

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Case No. : AB/97/2026

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AHER ALI AHMED

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S/O LATE KURPAN ALI, R/O BARVITHA, PS PATARKUCHI, DIST BALAJI, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR K BHUYAN, MR. M U E BHUYAN,MS. A HUSSAIN,MR. O U AHMED

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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04.02.2026

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Heard Mr. N. Hazarika, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor.

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This petition under Section 482 BNSS is filed by the petitioners, namely, Aher Ali Ahmed , apprehending arrest in connection with Patacharkuchi P.S. Case No. 215/2025 registered u/s 318(3)/336(3)/340(2) of of BNS, 2023 .

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The gist of the allegations in FIR dated 06.11.2025 is that the

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Page No.# 2/3

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informant as Gaon Pradhan had issued an income certificate dated 1/4/2025 to the petitioner but the certificate was forged and made out into a hearsay certificate. Thereafter, the petitioner No. 1 mutated the name of his father and later other family persons against the land of Lt. Joyton Nessa, wife of Siraz Ali. Subsequently, the land was also mutated in the name of some other persons who were sons and daughters of Lt. Kurpan Ali. When the matter came to the notice of the Circle Office, investigation was conducted revealing forgery.

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Mr. Hazarika, learned counsel for the petitioner, submits that the case is based on documentary evidence and secondly, the aspect of forgery can be properly determined only after forensic examination.

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The case diary has been received.

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The learned Additional Public Prosecutor objecting to the bail submits that the investigation has lent support to the allegations about forgery on the part of the petitioner regarding the document whereby illegal mutation entries were made which however came to be subsequently deleted upon detection.

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On a query by the court, the learned Additional Public Prosecutor submits that upon perusing the investigation materials he has not noticed any aspect of any dispute regarding land or ancestral property.

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The petitioner is named in the FIR and main allegations in the FIR are directed against him and investigation has also implicated him. Prima facie forgery of property documents is definitely a serious matter which adversely impacts the valuable property rights of other persons. In the facts and circumstances, I am of the considered view that it may not be an appropriate case for of grant pre-arrest bail.

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Page No.# 3/3

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Accordingly, the bail petition stands rejected at this stage.

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Return back the case diary.

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JUDGE

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Comparing Assistant

Aher Ali Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Aher Ali Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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