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GAHC010086882026

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THE GAUHATI HIGH COURT

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

Case No. : AB/940/2026

ABDUL JABBAR @ ABDUL JUBBAR

S/O- LATE SHAHAR BANIA @ LATE SHAHAR ALI, VILL 1 NO. MAZGAON,

P.S DALGAON, DIST DARRANG, ASSAM

VERSUS

THE STATE OF ASSAM

REPRESENTED BY P.P., ASSAM

Advocate for the Petitioner : MR H R A CHOUDHURY, MR. S ISLAM

Advocate for the Respondent : PP, ASSAM,

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BEFORE

HON’BLE MRS. JUSTICE MITALI THAKURIA

ORDER

22-05-2026

Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. S. Islam,

learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. PP, Assam.

2. This is application under Section 482 BNSS, 2023 praying for grant of pre-arrest

bail to the accused/petitioner, namely, Abdul Jabbar @ Abdul Jubbar who is

apprehending arrest in connection with Dalgaon P.S. Case No. 28/2026 registered

under Sections 331(8)/103(1)/118(2)/117(2)/326(g)/191(3) of the BNS, 2023.

3. Case diary received. Perused the same.

4. It is submitted by Mr. Choudhury, learned Senior Counsel that earlier bail

application of the petitioner was rejected by this Court, but at that point of time, it

was not brought before the Court that there was a civil dispute and a Title Suit is

going on between the parties and on the day of the incident, the petitioner was about

800 meters away from the place of occurrence. But hearing the noise, he came there

and found his brother Khabir Ali in injured condition and immediately took him to

hospital.

5. Further, he submitted that the petitioner is a service man and he is ready to

extend his cooperation, if he granted with the privilege of pre-arrest bail.

6. Mr. Borthakur, learned APP submitted that earlier bail application was rejected

by this Court on perusal of the case diary and on further perusal of the case diary, it

also reveals tht the petitioner also took active part in assaulting the deceased. He first

hit the deceased with bamboo for which he fell down on the ground tht thereafter, the

other accused namely, Khabir Ali assaulted the victim on his head for which he

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succumbed to the injuries. He further submitted that there are other eye witnesses

who are also present, who saw the occurrence and stated that the present petitioner

initially assaulted the deceased and thereafter, Khabir Ali inflicted the head injury on

the deceased.

7. Accordingly, Mr. Borthakur, learned APP submitted that there are sufficient

incriminating materials against the present petitioner, who took active part in

assaulting the deceased.

8. Heard the submissions made by the learned counsel for the parties and I have

also perused the case diary. It is seen that his earlier bail application was rejected

considering the materials in the case diary. However, it reveals that the petitioner

initially hit the deceased and thereafter, the vital blow was given by other accused

namely, Khabir Ali.

9. Further, from the case diary it reveals that there is sufficient progress in the

investigation of the case and considering all this aspect of the case as well as the civil

dispute between the parties, this Court is of the opinion that one chance may be given

to the petitioner to appear before the I.O. and to cooperate in the investigation of the

case and as such, I find it a fit case to extend the privilege of interim pre-arrest bail to

the petitioner, till receipt of the case diary.

10. Accordingly, it is provided that in the event of arrest of the accused/petitioner,

namely, Abdul Jabbar @ Abdul Jubbar in connection with with Dalgaon P.S. Case

No. 28/2026 registered under Sections 331(8)/103(1)/118(2)/117(2) /326(g)/191(3)

of the BNS, 2023, he shall be enlarged on interim pre-arrest bail on his executing a

bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) only, with one surety of the

like amount to the satisfaction of the arresting authority, subject to the following

conditions:

(i) that the petitioner shall appear before the Investigating Officer of

the case within a pe