Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./314/2026 MDD RIYAZ UDDIN AND 7 ORS.
SON OF FAIZUL HAQUER/O CHARING PATHAR, P.O.CHIRING PATHAR, P.S.MURAJHAR, DIST. HOJAI, 782439 2: TOSLIM AHMED SON OF EKAS UDDIN R/O CHARING PATHAR
P.O. CHARING PATHAR P.S. MURAJHAR
DIST. HOJAI-782439 3: INJAMUL HAQUE S/O ANSAR HUSSAIN R/O CHARING PATHAR
P.O. CHARING PATHAR P.S. MURAJHAR
DIST. HOJAI-782439 4: AKRAM HUSSAIN SON OF SHAFIQUL HAQUE R/O CHARING PATHAR
P.O. CHARING PATHAR P.S. MURAJHAR
DIST. HOJAI-782439 5: GIYAS UDDIN @ FAIZUL HQUE S/O LT. FAIZUL HAQUE R/O CHARING PATHAR
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P.O. CHARING PATHAR P.S. MURAJHAR
DIST. HOJAI-782439 6: ABDUL MATIN S/O LT. HAJI ABDUR RAHIM SANGPUR R/O PUB BANDAR MELA P.O. CHARING PATHAR P.S. MURAJHAR
DIST. HOJAI-782439 7: AFJAL HUSSAIN S/O SOFIQUL HOQUE R/O CHARING PATHAR
P.O. CHARING PATHAR P.S. MURAJHAR
DIST. HOJAI-782439 8: JOINAL ABEDIN SON OF LT. FAIZUL BAR R/O PUB BANDAR MELA P.O. CHARING PATHAR P.S. MURAJHAR
DIST. HOJAI-78243 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BORA, MR U GHOSH,MR. D P BORAH Advocate for the Respondent : PP, ASSAM, MR. S M MUNIR,MR. K MOHAMMED
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER 17.02.2026
1. Heard Mr. A. M. Bora, learned senior counsel assisted by Mr. D. P. Borah,
learned counsel appearing for the accused petitioners. Also heard Mr. D. Das, learned Senior counsel assisted by Mr. K. Mohammed, learned counsel for the informant as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, (1) Riyaz Uddin (2) Toslim Ahmed (3) Injamul Haque (4) Akram Hussain (5) Giyas Uddin @ Giyas Hussain (6) Abdul Matin (7) Afjal Hussain (8) Joinal Abedin, praying for grant of bail in connection with Murajhar P.S. Case No.109/2025 under Sections 61(2)/103/238 of the BNS Act. 3. It is submitted by the learned counsel for the petitioner that pursuant to rejected of the pre-arrest bail application, he voluntarily surrendered before the learned court below on 11.02.2024, whereupon he was remanded to judicial custody and presently he has completed 76 days. It is submitted that in the meantime, investigation must have progressed and the learned senior counsel submits that the bail application may be considered at this stage. It is further submitted by the learned senior counsel that the order dated 29.11.2025 of the learned court below indicates that though final form of charge-sheet was submitted but it was returned back due to some technicalities. 4. Mr. Das, learned senior counsel appearing for the informant fairly submits that if the investigation is indeed completed, appropriate orders can be passed by this Court. Learned senior counsel has drawn my attention to the rejection order of co-accused and the narration in the said order. Page No.# 4/5
5. Case diary has been received. 6. Mr. R. R. Kaushik, learned Additional Public Prosecutor has also drawn my attention to some earlier allegations about the accused persons trying to influence the investigation. 7. I have considered the submissions and also perused the relevant portions of the case diary. 8. After perusing the case diary, I find the last endorsement on 12.02.2026. From the materials available in the case diary, including the letter dated 07.01.2026 send by the IO through the Prosecution of this Court, it appears that investigation is almost complete. 9.
Considering the stage of investigation, which appears to be nearing completion and also the length of detention so far since 11.02.2024 when the petitioners surrendered before the learned court below – I am of the considered opinion that perhaps they can be granted bail at this stage, subject, however, to suitable conditions. 10. Accordingly, it is provided that the accused petitioners, named above, shall be released on bail of Rs.50,000/- each with one suitable surety of like amount each to the satisfaction of learned concerned court subject to the following conditions that the petitioners: The direction for bail is subject to the conditions that the petitioners: (a) Shall not abscond. (b) Shall not hamper or tamper with the evidence of the case. (c) Shall not in any manner try to influence or harm or intimidate the informant and his family members. Page No.# 5/5 (d) Shall not try intimidate or influence the witnesses. (e) Shall not commit any illegal activity or offences. 11. Violation of any of the bail condition shall entail cancellation of bail. 12. Return back the case diary. 13. Accordingly, this bail application stands allowed and disposed of. JUDGE Comparing Assistant