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1972 DAILYLAW 90 (GAU)

NASIR ALIAS NOSER ALI v. THE STATE OF ASSAM

Bail Appln./1972/2026 · 2026-08-17

Rajesh Mazumdar

body1972

Judgment text

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Page No.# 1/2 GAHC010144222026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1972/2026 NASIR ALIAS NOSER ALI S/O- JEHER ALIAS ZOHER ALI R/O. SARIYAKUCHI, P.S.- SARTHEBARI DIST- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,MS. P AHMED,MR. N ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 18.08.2026 Heard Mr. M. I. Hussain, learned counsel for the petitioner and Mr. M. P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent. 2. The learned Additional Public Prosecutor has submitted that the charge- sheet has been submitted in this case vide CS No. 109/ 2026 dated 29/7/2026. 3. The learned counsel for the petitioner has submitted that since the charge- sheet has been submitted, further custody of the petitioner may not be required in the event his participation is ensured by imposing requisite conditions and the Page No.# 2/2 petitioner may be released on bail since his wife is required to be hospitalized due to maternity reasons. 4. I have heard the learned counsel for the parties. 5. In the given the facts and circumstances that the charge-sheet has been submitted, it would be appropriate for this Court to remand the matter to the learned Jurisdictional Magistrate for making a consideration on the application of the petitioner for bail. 6. However, due to the medical conditions of the wife, I deem it fit to grant the petitioner an interim relief in order to attend his wife who is supposed to be hospitalized, subject to furnishing bail bond of Rs.20,000/- with one local surety of like amount to the satisfaction of the learned Jurisdictional Magistrate. 7. The petitioner shall therefore surrender before the learned Jurisdictional Magistrate on or before 10.09.2026. 8. The petitioner shall report the learned Jurisdictional Magistrate as aforesaid and the learned Magistrate shall consider the requirement of taking the petitioner into custody or in the event the petitioner complies with all the conditions as laid down here in this Court, the possibility of petitioner to be allowed to continue on bail. 9. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant