KOHINOOR ISLAM ALIAS KOHINUR SK v. THE STATE OF ASSAM
Bail Appln./2283/2025 · 2025-08-10
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15834 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15834 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010152142025
2025:GAU-AS:10510
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2283/2025 KOHINOOR ISLAM ALIAS KOHINUR SK SON OF CHAN MAHAMMAD @ SAN MAHMUD, R/O VILL- RAJAPARA PART-II, P.S. BOGRIBARI, DIST. KOKRAJHAR (BTR), ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 11-08-2025
Heard Mr. M.A. Mondal, the learned counsel for the petitioner and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 27.06.2025 in connection with Bogribari P.S. Case No. 32/2025 corresponding to GR No. 253/2025 u/s 117(2)/118(2)/109(1)/3(5) of Bharatiya Nyaya Sanhita,
2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Mondal, the learned counsel for the petitioner that the present petitioner is innocent and no way connected in the alleged offence. However, it is a fact that he was present at the place of occurrence at the time of occurrence when two other accused-persons, namely, Nur Uddin and Saiful Islam were hitting the present victim. He also submitted that the petitioner was arrested on 27.06.2025 and since last 46 days he is in custody and hence considering his length of detention also, he may be released on bail. However, he will extend his cooperation in further investigation of this case, if he is granted with the privilege of regular bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials available in the Case Diary against the present petitioner and rather he had played an active role in committing the offence. Mr. Borthakur further submitted that one of the victims also sustained grievous injury through blunt object. 6. Hearing the submission made by learned counsel for both sides, I have also perused the Case Diary and the Medical Report of the victim. It is a fact that one of the victims sustained grievous injury inflicted by blunt object and some incriminating materials are also available against the present petitioner. 7. However, considering the materials in the Case Diary, Medical Report and
Page No.# 3/3 the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be required for further investigation of this case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 8. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kokrajhar.
The accused/petitioner, namely Kohinoor Islam @ Kohinur Sk, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kokrajhar without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant