Jaher Ali And 3 Ors vs State Of Assam

Sanjeev Kumar Sharma, J

Heard Mr. M. Khan, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned APP for the State.

This is an application under Section 482 of the BNSS, 2023 seeking grant of pre-arrest bail to the petitioners in connection with Bongaigaon P.S. Case No. 13/2026 registered under Sections 127(2)/ 121(2)/132/149/304 of the BNS read with Section 25(1AB) of the Arms Act and Section 3 of the PDPP Act.

The learned counsel for the petitioners submits that the alleged victim was caught red-handed while sexually assaulting the minor daughter of a family member of the accused persons. Thereafter, he was assaulted by neighbouring people who gathered at the house of the petitioners. It is further submitted that upon arrival of the police, the gathered crowd misbehaved with them; however, the present petitioners were not involved in such acts. The allegations of assault on police personnel or snatching of arms and weapons are specifically denied.

It is also submitted that petitioner No. 1 is not named in the FIR, petitioner No. 4 is a woman, and several family members of the petitioners have already been arrested.

On the other hand, learned APP, upon perusal of the case diary, submits that there are sufficient materials against the petitioners.

This Court has perused the case diary, including the injury report, which indicates only simple injuries. It is also noted that the alleged victim was found in the house of the petitioners. In connection with the same incident, another FIR was lodged by the victim, namely Rashidul Sheikh, resulting in registration of Bongaigaon P.S. Case No. 14/2026 under Sections 140(2)/310(2)/119(2)/351(2)/121(2)/324(5)/61(2) of the BNS, 2023.

In the said FIR, it has been alleged that on 27.01.2026, the accused persons forcibly took the informant to the house of Jaher Ali @ Jahangir and brutally tortured him with rods and lathis. However, the medical report does not substantiate the said allegations.

Having regard to the above facts and circumstances, this Court is of the opinion that custodial interrogation of the petitioners does not appear to be necessary.

Accordingly, the prayer for pre-arrest bail is allowed. The petitioners, namely Jaher Ali, Ahidul Sheikh, Sazidul Sheikh and Arjina Begum, shall be released on pre-arrest bail on furnishing a bail bond of Rs. 50,000/- each with one surety of like amount to the satisfaction of the arresting authority, in the event of their arrest in connection with the aforesaid case.

It is further directed that the petitioners shall cooperate with the investigation and shall not, directly or indirectly, intimidate or influence any witnesses.

The application stands allowed accordingly.