Haider Ali Vs the State of Assam

Heard Mr. S. M. Abdullah P, learned counsel appearing for the accused applicant and Mr. R. J. Boruah, learned Additional Public Prosecutor for the State.

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This is an application under Section 483 of the BNSS, 2023 for granting

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bail to the accused applicant, who is in custody since 06.02.2026, in connection with Hajo P.S. Case No. 48/2026 under Sections 308(6)/308(4)/351(3) of the BNS, 2023.

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An FIR was lodged before the Officer-in-Charge, Ramdia Police Out Post, on 05.02.2026 by one Shri Haran Ali, alleging that on the false assurance of marriage, one Shri Sahid Nasir entered into a relationship with the daughter of the informant and got her impregnated. It was alleged that she conceived his child and thereafter, was kidnapped and the pregnancy was forcibly aborted. It is further alleged that an FIR was lodged against Shri Sahid Nasir and others before Hajo Police Station, and the trial of the said case, being Case No. 203/2025, is presently pending before the learned Sessions Court. It was further alleged that the brother-in-law of the said Shri Sahid Nasir, namely Shri Haider Ali (the present accused applicant), came to the house of the informant and threatened him to withdraw the aforesaid case pending before the learned Sessions Court. He allegedly threatened to kill the informant and his daughter if the case was not withdrawn. It was also alleged that the accused-applicant visited the informant’s house on numerous occasions and extended threats to kill both the informant and his daughter. Out of fear, the informant and his daughter are presently residing at another place. It was further alleged that the accused applicant demanded Rs. 5,00,000/- from the informant. Upon receipt of the FIR, the police registered Hajo P.S. Case No. 48/2026 under the aforementioned sections.

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Mr. Abdullah, learned counsel for the accused applicant, submits that the accused applicant was arrested on 06.02.2026 and has been in custody since then. He submits that there is a dispute between the families of the informant and the accused applicant. Referring to Annexure-6 of the bail application,

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learned counsel submits that the informant has already filed an application under Section 126 of the BNSS before the Executive Magistrate, Kamrup, Amingaon, for maintaining peace and tranquillity between the parties. He further submits that although there are allegations of threats, the accused applicant is not involved in the said allegations. Being the brother-in-law of the main accused in Hajo P.S. Case No. 272/2024, he has been unnecessarily implicated by the informant. He submits that the accused applicant is willing to cooperate with the investigation and abide by any conditions that this Court may deem fit to impose. In view of the above, he prays that the accused applicant be granted bail at this stage.

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On the other hand, Mr. R. J. Baruah, learned Additional Public Prosecutor for the State, opposes the bail application, by submitting that there are serious allegations of criminal intimidation and threats to kill made against the accused applicant. Therefore, at this stage, bail ought not to be granted.

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This Court has perused the materials available on record and considered the submissions advanced by the learned counsel appearing for the respective parties.

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Upon considering the matter in it’s entirety and taking into account that there appears to be a dispute between the families of the informant and the accused applicant, this Court is of the opinion that, at this stage, the accusedapplicant may be granted the privilege of bail. Accordingly, it is directed that the accused applicant, namely Shri Haider Ali, be released on bail forthwith upon furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of the like amount to the satisfaction of the learned Judicial Magistrate First Class, Hajo, Assam, subject to the following conditions:

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i. that the accused applicant shall cooperate in the trial of the Hajo P.S. Case No. 48/2026;

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ii. that the accused applicant shall appear before the Trial Court as and when required;

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iii. that the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person, who may be acquainted with the facts of the case, so as to dissuade such person from disposing such facts before the Trial Court in the trial pending against the accused applicant;

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In view of the aforesaid directions, the instant bail application is, accordingly, disposed of as allowed.

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JUDGE

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Haider Ali v. the State of Assam

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Haider Ali v. the State of Assam

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