Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010285412025
2025:GAU-AS:17709
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4127/2025 GIAS UDDIN AND 2 ORS.
S/O LATE ABDUL MAZID RESIDENT OF VILL- CHANALA, P.O. DHALIBILL, P.S. R.K. NAGAR, DIST.
SRIBHUMI, ASSAM 2: SHETAB UDDIN S/O GIASH UDDIN RESIDENT OF VILL- CHANALA P.O. DHALIBILL P.S. R.K. NAGAR DIST. SRIBHUMI ASSAM 3: SHAMIM AKHTAR RESIDENT OF VILL- CHANALA P.O. DHALIBILL P.S. R.K. NAGAR DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE
Page No.# 2/3 HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 19-12-2025
Heard Mr. H.R. Choudhury, the learned counsel for the petitioners and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 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 05.11.2025 in connection with R.K. Nagar P.S. Case No. 85/2025 u/s 189(2)/126(2)/117(2)/118(2) of BNS Act. 3. It is submitted by Mr. Choudhury, the learned counsel for the petitioners that the present accused/petitioners have not committed any such offence as alleged in the FIR. However, it is reflected in the FIR that there is a quarrel took place between the Mazid Committee and the informant side wherein the informant side has falsely implicated the present petitioners. However, the matter was settled by the intervention of some elderly people for which the petitioners side did not lodge any FIR against the informant. Even after the settlement the informant side lodged the FIR after 10 days for which petitioners side also lodged an FIR against the informant side. However, the petitioners are behind the Bar since 05.11.2025 and thus considering the period of detention they may be released on bail. The petitioners being the local persons, will extend their cooperation and there is no chance of absconding. 4. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that from the FIR itself it is seen that the victim has sustained grievous injury on their person. Accordingly, it is submitted that Case Diary will reveal the
Page No.# 3/3 actual fact of the case and insisted to call for the Case Diary. 5. Hearing the submissions made by learned counsel for both sides, without going into the merit of the case, considering the length of detention already undergone by the accused/petitioners, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioners on bail. 6. Accordingly, the accused/petitioners be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned CJM, Sribhumi in connection with R.K. Nagar P.S. Case No. 85/2025 u/s 189(2)/126(2)/117(2)/118(2) of BNS Act.
The accused/petitioners, namely [1] Gias Uddin [2] Shetab Uddin and [3] Shamim Akhtar, be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners 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/them 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, Sribhumi without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant