Page No.# 1/5 GAHC010016032026 2026:GAU-AS:2760 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./293/2026 MAINUL ISLAM ALIAS MOINUL ISLAM AND 2 ORS S/O LT. ABDUL KHALIQUE 2: RABIJUN NESSA W/O MAINUL ISLAM 3: EKBAL HUSSAIN S/O MAINUL ISLAM @ MINUL ISLAM ALL ARE RESIDENTS OF VILL- NAGKAPANP.OP. JALALNAGAR T.E. P.S.KARIMGANJ DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,M. ROBBANI Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 24.02.2026 1. Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. R. Robbani, learned counsel for the accused applicants. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section under Section 483 of the code of BNSS, 2023 for granting bail to the petitioners who were arrested on 18.07.2025, 12.10.2025 and 10.10.2025 respectively in connection with Sessions Case No. 217/2025 (G.R. Case No. 899/2025) arising out Karimganj P.S. Case No. 299/2025 under Section 80(2)/3(5) of BNS pending before the court of Ld. Addl. District & Sessions Judge, FTC, Sribhumi. 3. An FIR was registered on 20.06.2025 and a complaint by one Helal Uddin, the father of the victim alleging inter alia on 04.08.2023 his daughter, namely Kuhima Begum was married to the accused applicant No. 5 as per Islamic rights and his daughter got pregnant thereafter and consequently, given a birth of girl child, she was nine (9) months old at the time of filing of the FIR; that soon after the birth of the girl, the accused no. 1 and accused applicant no. 3 allegedly started torturing the victim girl mentally and physically for Page No.# 3/5 dowry; that facing with such demands, the informant had given Rs. 30,000/- at one time and subsequently, another amount of Rs. 70,000/- to the accused applicant. On 14.06.2025, his daughter informed him over the telephone that the accused applicants were torturing her for more money; that on 16.06.2025 at about 4 AM in the morning, accused no. 2 and another co-accuseds informed him over the phone that his daughter was not keeping well and thereafter, the accused applicant no. 3, Rasuda Begum informed him over the phone that his daughter expired. That after receipt of the news the informant along with his family members came to the house of the daughter and saw his daughter lying on bed and noticed marks of strangulation on her neck and signs of assault on her body and immediately verbally intimidated the same to Longai Police Out post; that it was stated that accused applicant No. 5 the husband of his daughter was not present at that point of time and he was in district Hojai for some work. However, it was alleged that there was a conspiracy wherein the accused applicant no. 3 was also involved. 4. Mr. H. R. A. Choudhury, learned senior counsel appearing for the accused applicants, submits that accused applicant No. 1 was arrested 8 months ago, and thereafter, accused applicants Nos. 2 and 3 were arrested 4 months ago. He submits that the charge sheet in the instant case has already been filed, and 13 witnesses have been named in the charge sheet. However, despite the charges Page No.# 4/5 being framed, none of the witnesses have been examined till date. He submits that considering the lengths of detention and the number of witnesses named in the charge sheet, the trial is likely to take considerable time. Therefore, he argues that the custodial detention of the accused applicants at this stage may not be necessary. He further submits that the accused applicants will attend the trial and cooperate with the proceedings as required. 5. Mr. K. K. Parasar, the learned APP has opposed the bail application at this stage as none of the PWs have been examined till date. 6. The learned APP also submits that the accused applicants attempted to manipulate the entire incident by portraying it as a case of natural death due to illness. 7. This court has considered the TCR that has been produced before this Court as well as the submissions made by the counsel appearing for the respective parties. 8. Taking into account the lengths of detention of the accused applicants and the fact that none of the prosecution witnesses (PWs) have been examined thus far, this Court is of the considered opinion that further custodial detention of the accused applicants may not be necessary at this stage. Accordingly, it is directed that the accused applicants shall be released forthwith on bail upon Page No.# 5/5 furnishing bail bonds of Rs. 30,000/- each, with one surety of the like amount to the satisfaction of the learned Additional Sessions Judge, FTC, Sribhumi, subject to the following conditions: i. That the accused applicants shall appear before the trial as an when the date is fixed. ii. That the accused shall not try to hamper or tamper with the evidences that may be involved in the case. 9. In terms of the aforesaid directions, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant