Page No.# 1/4 GAHC010141892026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1908/2026 MOKTARUL ISLAM ALIAS MUKTAR HUSSAIN AND ANR S/O- MAHAMMAD ALI VILLAGE- DOWARPARA P.S.- DALGAON DISTRICT- DARRANG, ASSAM 2: JAHANGIR ALAM S/O- LATE OMAR ALI VILLAGE- DOWARPARA P.S.- DALGAON DISTRICT- DARRANG ASSA VERSUS THE STATES OF ASSAM REPRESENTED BY THE LEARNED P.P., ASSAM. Advocate for the Petitioner : MR M H AHMED, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 28.07.2026 1. Heard Mr. M.H. Ahmed, the learned counsel for the petitioners. Also heard Mr. K. K. Das, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 2. This application under Section 483 of the BNSS, 2023, has been filed by the petitioners, namely, (1) Moktarul Islam Alias Muktar Hussain and (2) Jahangir Alam, who are detained behind the bars since 20.05.2026 and 04.06.2026 respectively, in connection with Dalgaon P. S. No. 41/2026 under Section 103(1)/118(2)/190/191(2)/ 324(4)/329(3). 3. The gist of the accusation in this case is that on 07.03.2026, when Mafijuddin had lodged an FIR before the Officer-in-Charge of Dalgaon Police Station, naming therein 14 numbers of accused persons, inter-alia, alleging that on 05.03.2026 at about 12.30 am, the accused persons named in the FIR, armed with deadly weapons, trespassed into the lands of the first-informant and uprooted plantations from the field and they also beat the father, brother, wife and nephew of the informant, causing injuries on their person. The father of the first-informant succumbed to his injuries in the hospital. 4. The learned counsel for the petitioners submits that the petitioner No. 1 has been detained behind the bars for 69 days and the petitioner No. 2 has been detained behind the bars for 54 days. 5. He submits that none of the two petitioners were named in the FIR, whereas in the meanwhile, most of the FIR accused persons have already been granted bail or either absolute or interim. As such, he submits that considering the long period of detention and also considering the fact that the co-accused persons are already on bail, the present petitioners may be allowed to go on bail. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Dalgaon P. S. No. 41/2026 and has submitted that there Page No.# 3/4 are incriminating materials against the present petitioners and other accused persons in the case diary as independent witnesses have named them in participating in the alleged offences. 7. It appears that there is a cross case pending against the informant side, which has been registered as Dalgaon P. S. No.47/2026. It also appears that in the meanwhile, most of the named co-accused in the FIR have either been granted anticipatory bail or absolute bail by co-ordinate Bench of this Court. It also appears from the case diary that investigation in this case has substantially progressed, though, same is yet to be completed. 8. Considering the fact that co-accused persons are already granted bail as well as considering the fact of period of detention as well as progress made in investigation, this Court is of the considered opinion that if both the petitioners cooperate in the investigation, their continued detention may not be necessary for fair completion of the investigation of this case. As such, they are allowed to go on bail of Rs. 50,000/- (Rupees Fifty Thousand only) each with one surety of like amount, subject to the satisfaction of Chief Judicial Magistrate, Darrang, Mangaldoi with the following conditions: i. That the petitioners shall appear before the Trial Court as and when so required by the Trial Court; ii. That the petitioners shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner; Page No.# 4/4 9. This bail application is, accordingly, disposed of. 10. Send back the case diary. JUDGE Comparing Assistant