Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 23 February, 2026
Page No.# 1/4
GAHC010034552026
2026:GAU-AS:2708
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./513/2026
SOHRAB UDDIN HAZARIKA ALIAS JASON AND 2 ORS
, S/O- LATE KAMALUDDIN HAZARIKA,
2: MAFIZ UDDIN HAZARIKA
S/O- LATE KAMALUDDIN HAZARIKA
3: MAHMUD HAZARIKA
S/O- SOHRABUDDIN HAZARIKA ALL ARE RESIDENCE OF G.C. ROAD
NEAR JONAKI HALL
P.S.- TEZPUR. DIST- SONITPUR ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
Date : 23.02.2026 Heard Mr. A. Khanikar, learned counsel for the accused applicants. Also Page No.# 2/4 heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023 praying for grant of bail to the accused applicant in connection with Tezpur P.S. Case No.35/2026, registered under Sections 74/76/118(2)/109(1)/351(2)/3(5) of BNS, 2023.
3. The brief facts of the case are that the complainant lodged an FIR stating that on 12.01.2026 at about 6:00 PM, while she was reversing her vehicle on the road from Jonaki to Tezpur Market, her vehicle was hit by a motorcycle ridden by Accused No. 1, Iftikar Hazarika. The complainant then alighted from her vehicle to question the said Iftikar Hazarika, upon which he allegedly shouted at her using obscene language and forcefully touched her private parts. The complainant's husband and father-in-law came to her assistance, when Accused No. 1, along with Accused No. 2, Joyson Hazarika, and several others, physically assaulted them with the intent to cause grievous harm, resulting in serious injuries to both. Thereafter, the accused persons allegedly left the scene, threatening the complainant and her family with the words "Hindu Dominance won't work" ("Hindu Adhipatya Nosolibo").
4. The learned counsel for the accused applicants submits that the case arose due to certain misunderstandings and a heated exchange, and that there was no intention or motive to cause harm to anyone in the instant case. He further submits that the co-accused in the case has already been granted anticipatory bail by this Court. The learned counsel also undertakes that the accused applicants shall fully cooperate with the investigation and abide by all conditions that may be imposed in connection with the grant of anticipator bail.
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5. The learned counsel for the applicants submits that the accused applicant No.1 was arrested on 17.01.2026; the accused applicant No.2 on 16.01.2026, and the accused applicant No.3 on 14.01.2026. He further submits that some of the co-accused, including one of the prime accused, namely Iftikar Hazarika, have also been granted anticipatory bail by this Court on 16.02.2026. He submits that since all the accused persons were allegedly involved in the same offence, and the co-accused, who was the prime accused has already been granted bail, the present accused applicants should be granted bail.
6. The learned Addl. P.P. submits that there are incriminating materials against the accused applicant No.2; therefore, he opposes this bail application.
7. Having considered the submissions of the learned counsel for the parties and also considering the facts and allegations as well as of the fact that the co accused who is the prime accused named in the FIR, have already been granted bail, this Court is of the considered opinion that the present accused applicants should be released on bail.
8. Accordingly, it is directed that the accused applicants shall be released on bail on furnishing of bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) each with a surety of like nature to the satisfaction of the Court of learned CJM, Tezpur, subject to the following conditions:
(i) that the accused applicants shall cooperate with the investigation;
(ii) that the accused applicants shall appear before the Investigation Officer as and when required; and
(iii) that the accused applicants shall not directly or indirectly make any inducement, threat or promise to any person who may Page No.# 4/4 be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Officer.
9. In view of the above, this bail application stands disposed of, as allowed.
JUDGE Comparing Assistant