Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 13 March, 2026
Page No.# 1/3
GAHC010041172026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/536/2026
BOZLER RAHMAN MONDAL AND ANR
S/O LT. SHAMSER ALI MONDAL,
R/O VILL. UZAN JHAGRARCHAR, P.S. MANKACHAR, DIST. SOUTH
SALMARA, MANKACHAR, ASSAM.
2: ATIKUR RAHMAN @ KASA
S/O LT. BOSIR SK.
R/O VIL- KALODEWANIRGRAM
P.S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM.
Advocate for the Petitioner : MR. SURAJIT DAS, MR A K DAS,MR. RASHIDUL ISLAM
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
Date : 13.03.2026
Heard Mr. Surajit Das, learned Counsel for the petitioners and Mr R.J.
Baruah, learned Additional Public Prosecutor appearing for the State.
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By this application, the petitioners have sought for bail in connection with
PRC Case No. 214/2022 registered under Section 120(B)/212/416/417/468/341
of the IPC, Read with Section 14(a)(b) of the Foreigners Act, 1946 Read with
Section 3(3) of the Passport Act read with Rule 6 of the Passport Rules, 1950.
The FIR dated 07.06.2020 reveals that while raiding the house of accused no.2,
the police personnel found accused no.1 and while interrogating accused no.1, it
was revealed that he entered into India from Bangladesh around 15-20 years
back and living at the house of petitioner no.1 and projected petitioner no.1 as
his father and that he also obtained forged documents showing that he is a
citizen of India. It was also alleged that accused no.1 got married to the
daughter of petitioner no.2 and lived in the house of petitioner no.1.
Mr. Surajit Das, learned Counsel for the petitioner submits that both the
petitioners were enlarged on interim pre arrest bail vide order dated 27.08.2020
and during the pendency of the said bail application charge sheet was submitted
and by order dated 07.12.2020, the said interim order was extended by 15 days
so as to enable the petitioners to approach the Trial Court and move an
application before the same. However, the petitioners did not move the
application before the Trial Court stating that it was the Covid period time and
the petitioners were never on bail and that subsequently on 27.06.2022
summons were issued from the Court of Judicial Magistrate First Class,
Hatsingimari and then vide order dated 07.02.2026, the petitioners again did not
appear before the Trial Court and NBWA was issued against them.
Mr. Surajit Das, learned Counsel for the petitioners, therefore, submits that
the petitioners would appear before the Trial Court and seeks bail in the mean
time.
Mr R.J. Baruah, learned Additional Public Prosecutor appearing for the State,
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however, submits that the FIR reveals a serious matter of concerned as it is an
admitted fact that the petitioners have given shelter to a person who entered
into India from Bangladesh by illegal means and that he also submits that after
getting interim order, the petitioners did not appear before the learned Court
neither they appeared when summons were issued to them. He as such submits
that the conduct of the parties shows that they will never appear before the
Court below.
On consideration of the submissions made at the bar and by considering the
fact that the petitioners were enlarged on interim bail and were given 15 days
period to appear before the Trial Court. However, due to advent of Covid, the
petitioners could not comply with the terms of the order of this Court, this Court
deems it fit that the petitioners be enlarged on pre-arrest bail on furnishing of a
bail bond of Rs. 20,000/- each with one local surety of the like amount to the
satisfaction of SDJM, South Salmara, Mankachar under the following conditions:
i) The petitioners will appear before the Trial Court as
and when call for.
ii) The petitioners will not hamper or tamper with the
evidence or influence the witnesses connected with the case.
Petition is disposed of.
JUDGE
Comparing Assistant