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2026 DAILYLAW 11217 (GAU)

ABDUS SOBUR AND 3 ORS. v. THE STATE OF ASSAM

Bail Appln./1975/2026 · 2026-07-27

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010144572026 2026:GAU-AS:10340 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1975/2026 ABDUS SOBUR AND 3 ORS. S/O LATE NUROL ISLAM, R/O SONAMUKHI, PS LAKHIPUR, DIST GOALPARA, ASSAM 2: NAZAR ALI S/O CHANDU MONDAL R/O DHURBI SADAR DIST DHUBRI ASSAM 3: AYNUL RAHMAN ALIAS HAQUE S/O KHALILUR RAHMAN R/O VILL ATHGHARITARI PS GOLAKGANJ DIST DHUBRI ASSAM 4: SAYAD HUSSAIN KHAN ALIAS SAHID S/O ASHIK KHAN R/O VILL KOUPATI PS SUKSHAR DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. A S TAPADER, MR M AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 28.07.2026 Heard Mr. A.S. Tapader, learned counsel for the accused and also heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by four accused, namely, Abdus Sobur, Nazar Ali, Aynul Rahman @ Haque and Sayad Hussain Khan @ Sahid, who are languishing in jail hazot since 08.07.2026, in connection with Hatigaon P.S. Case No.130/2026, under Section 14 of the Assam Game and Betting Act, 1970, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Kaushik Deuri, S.I. of Police, Hatigaon Police Station, on 07.07.2026. The essence of allegations against the accused persons are that they were found in possession of 15 nos. of teer ticket books, one chalkboard containing written teer numbers, 3 android mobile phones, cash amounting to Rs.5,200/-, one dustar and 3 nos. of chalk and they were engaged in illegal teer gambling. 4. Mr. Tapader, learned counsel for the accused persons, submits that the accused persons are behind the bar for last 20 days and in the meantime, the investigation might have been completed and their further custodial detention may not be warranted in the interest of the investigation and therefore, he has contended to allow the bail application considering the period of detention. 5. Per contra, Mr. B. Sharma, learned Additional Public Prosecutor, Assam, referring to the materials collected in the case diary submits that the I.O., during investigation, has collected sufficient materials and he has also examined some witnesses and some of the witnesses are yet to be examined and therefore, he has contended to dismiss the petition at this stage. Page No.# 3/3 6. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sharma, learned Additional P.P. 7. It appears that the FIR was lodged on 07.07.2026, and the accused were arrested on the same day and since then the accused persons are languishing in jail hazot for last 20 days. The case diary indicates that the I.O. has already seized the incriminating materials from the possession of the accused persons and also examined some witnesses. Thus, in view of the progress achieved in the investigation and also the period of detention, this Court is of the view that further custodial detention of the accused persons, in the interest of investigation, may not be required. And accordingly, this Court is inclined to allow this petition. 8. It is provided that on furnishing a bail bond of ` 10,000/- each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, the accused persons, namely, Abdus Sobur, Nazar Ali, Aynul Rahman @ Haque and Sayad Hussain Khan @ Sahid, shall be enlarged on bail. 9. In terms of above, this bail application stands disposed of. 10. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE