Facts
The petitioners (Jaher Ali, Ahidul Sheikh, Sazidul Sheikh, and Arjina Begum) sought pre-arrest bail in connection with Bongaigaon P.S. Case No. 13/2026.
Source reference: p.2The case arose from an incident where an alleged victim was caught sexually assaulting a minor relative of the petitioners, leading to a crowd gathering and allegedly misbehaving with police.
Source reference: p.2-3The petitioners were charged under various sections of the BNS, the Arms Act, and the PDPP Act.
Source reference: p.2The defense argued that Petitioner No. 1 was not named in the FIR, Petitioner No. 4 is a woman, and the medical reports did not support the allegations of brutal assault made by the victim in a cross-FIR (Case No. 14/2026).
Source reference: p.3Issues
1. Whether custodial interrogation of the petitioners is necessary given the facts and the medical evidence available.
Source reference: p.32. Whether the petitioners are entitled to the protection of pre-arrest bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Source reference: p.3Law Applied
The court primarily applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of pre-arrest bail.
Source reference: p.2It considered the penal provisions under the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 127(2), 121(2), 132, 149, and 304, alongside Section 25(1AB) of the Arms Act and Section 3 of the PDPP Act.
Source reference: p.2The court relied on the principle that pre-arrest bail may be granted if custodial interrogation is not deemed necessary for the investigation.
Source reference: p.3Reasoning
The court scrutinized the case diary and the medical injury reports, noting that the injuries sustained by the victim were classified as "simple".
Source reference: p.3The court highlighted a significant discrepancy: while the victim's cross-FIR alleged brutal torture with weapons like rods and lathis, the medical reports failed to substantiate such severe allegations.
Source reference: p.3The court took judicial notice of the fact that the victim was found at the petitioners' house under compromising circumstances related to an alleged assault on a minor.
Source reference: p.3Given that one petitioner was not named in the FIR and another was a woman, and observing that the investigation did not require custody to proceed, the court found the petitioners' plea for protection justified.
Source reference: p.3Holding
The court allowed the application for pre-arrest bail, holding that custodial interrogation was not necessary.
It directed that in the event of arrest, the petitioners be released on a bail bond of Rs. 50,000 each with one surety.
Source reference: p.3The relief was made subject to the conditions that the petitioners cooperate with the investigation and do not intimidate or influence witnesses.
Source reference: p.4Original Court PDF
Jaher Ali And 3 Ors.vsThe State Of Assam
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