Facts
The petitioners filed for pre-arrest bail under Section 482 of the BNSS, 2023, in connection with Bongaigaon P.S. Case No. 14/2026
Source reference: p. 2An FIR dated 28.01.2026 alleged that the petitioners kidnapped, confined, and tortured the informant, Roshidul Sheikh, with rods and lathis, robbed him of Rs. 1,50,000, and damaged a police vehicle during his rescue
Source reference: p. 2-3The petitioners contended that the informant was caught sexually assaulting a minor in their family and was subsequently beaten by a gathering crowd
Source reference: p. 3They further argued that Petitioner No. 1 was not named in the FIR, Petitioner No. 4 is a woman, and the allegations regarding an assault on the police were false
Source reference: p. 3Issues
1. Whether the petitioners are entitled to pre-arrest bail under Section 482 of the BNSS, 2023, considering the medical evidence and the circumstances of the incident
Source reference: p. 3-42. Whether the current FIR is maintainable given the existence of a prior FIR regarding the same incident
Source reference: p. 4Law Applied
Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the framework for granting anticipatory bail
Source reference: p. 2Sections 140(2), 310(2), 119(2), 351(2), 121(2), 324(5), and 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, covering offenses including kidnapping, robbery, and assault on a public servant
Source reference: p. 2The Court also relied on the principle that custodial interrogation is not warranted when allegations are not corroborated by medical evidence and when a second FIR on the same facts is prima facie non-maintainable
Source reference: p. 4Reasoning
The Court reviewed the case diary and injury report, finding that the informant sustained only "simple injuries"
Source reference: p. 3This medical finding directly contradicted the FIR's claim of a "brutal assault" involving iron rods and lathis
Source reference: p. 4The Court noted that the informant was discovered in the petitioners' house, lending weight to the petitioners' version of events regarding the alleged sexual assault of a minor
Source reference: p. 3Furthermore, the Court observed that the FIR in question was the second FIR registered for the same incident, which is legally improper
Source reference: p. 4Consequently, the Court determined that the necessity for custodial interrogation had not been established, especially since other family members had already been arrested
Source reference: p. 3-4Holding
The Court allowed the prayer for pre-arrest bail, holding that custodial interrogation was unnecessary under the circumstances
It directed that in the event of arrest, the petitioners—Jaher Ali @ Jahangir, Ahidul Sheikh, Sajidul Sheikh, and Arjina Begum—be released upon furnishing a bail bond of Rs. 50,000/- each with one surety
Source reference: p. 4The release is subject to the conditions that the petitioners cooperate with the investigation and refrain from influencing witnesses
Source reference: p. 4Original Court PDF
Jaher Ali Alias Jahangir And 3 Ors.vsThe State Of Assam
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