Page No.# 1/3 GAHC010073432025 2025:GAU-AS:4561 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1118/2025 MUSTAFA KAMAL HASSAN ALIAS JAHANGIR AND ANR S/O- NAZRUL ISLAM, VILL- GHILAJHARI, PS HOWLY, DIST- BARPETA, ASSAM, PIN- 781316 2: MAHMUDA KHATUN W/O MUSTAFA KAMAL HASSAM D/O NU RMOHAMMAD ALI VILL GHILJHARI PS HOWLY DIST BARPETA ASSAM PIN 78131 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, MD. I H KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 10.04.2025 1. Heard learned counsel Mr. M. U. Mondal for the petitioners namely, (i) Mustafa Kamal Hassan @Jahangir, and (ii) Mahmuda Khatun. 2. The petitioners have filed this application under Section 483 of the BNSS, Page No.# 2/3 2023 with prayer for bail as they are behind bars since 26.02.2025 in connection with Howly Police Station Case No. 26/2025 under Section 189(4)/61(2)/82(1)/117(2)/118(2)/109(1)351(3) of the BNS. 3. Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State. 4. Learned Additional Public Prosecutor has raised serious objection stating that all the accused persons armed with dao and other weapons tried to commit murder of the victim as alleged in the FIR. It is also submitted that the bail petition cannot be considered without scrutinizing the Case Diary. 5. I have considered the submissions at the Bar with circumspection. 6. The allegation against the petitioners is that they have subjected the victim to cruelty and the petitioner No. 1 got married for the second time with the petitioner No. 2. 7. I have considered the length of detention. The petitioners are willing to co- operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon them. 8. Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- each with a suitable surety of like amount to the satisfaction of the learned CJM, Barpeta, under the conditions that: (i) The petitioners shall not exercise threats to the witnesses or to the victim, Page No.# 3/3 (ii) The petitioners shall co-operate with the investigation, and (iii) The petitioners shall not leave the jurisdiction of the Court without prior permission. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioners. 9. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant