Gauhati High Court
AB/1665/2026 of HANIF ALI Vs THE STATE OF ASSAM on 23 July 2026
GAHC010144342026 2026:GAU-AS:10164 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1665/2026 HANIF ALI , S/O. LATE ABDUL AWAL, VILL- SALMARA PART-VIII, P.S. FAKIRGANJ, DIST-DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM , REPRESENTED BY THE PUBLIC
GAHC010144342026
2026:GAU-AS:10164
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1665/2026
HANIF ALI
, S/O. LATE ABDUL AWAL, VILL- SALMARA PART-VIII, P.S. FAKIRGANJ, DIST-DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM
, REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3
BEFORE
HON’BLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
24.07.2026 Heard Mr. A. Rahman, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned Addl. PP for the State.
2. This is an application filed under Section 482, BNSS, 2023, for granting of pre-arrest bail to the accused petitioner in connection with P.R.C P.S Case No. 895/2026 arising out of Fakirganj P.S Case No. 24/2025 u/s 64/62 of BNS.
3. The learned counsel for the petitioner has submitted that the F.I.R alleging an attempt by the petitioner to commit rape upon the niece of the informant had been filed with a delay of 23 days where allegations were levelled not only on the accused but also on two other persons, who have not been put up for trial.
4. The learned counsel for the petitioner has submitted that since charge-sheet has been submitted, he does not apprehend arrest on the hands of the Investigating Authority but apprehends that he may be arrested on his appearance before the Committing Court.
5. The learned counsel for the petitioner has submitted that the petitioner is ready to appear and face the Trail but apprehends arrest on his appearance before the learned Trial Court. He accordingly prays that the petitioner may be granted the privilege of bail at this stage to face the trial.
6. The learned Addl. PP has submitted that the petitioner had remained absent from participating in the investigation process and although the charge-sheet has been placed before the learned Trial Court as long back as in May, 2025 and the first summon had been issued to the accused was on 11.08.2025, he has refrained from appearing before the Court.
7. The learned counsel for the petitioner on the other hand submits that at the initial stage the petitioner did not receive the summons but had later received the same and had remained absent on 10.03.2026 and 15.06.2026 by filing petitions showing cause of absence, which were allowed.
8. In the facts and circumstances at this stage, it is directed that the petitioner shall appear before the learned Trial Court on the next date fixed for the trial and on such appearance, he may file a petition praying for grant of regular bail during the trial, which shall be considered by the learned Court on its own merit.
10. It is provided that till the next date fixed before the learned Court below, the petitioner will not be arrested. JUDGE Comparing Assistant