Page No.# 1/3 GAHC010022192026 2026:GAU-AS:2981 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./336/2026 MAJIBOR RAHMAN S/O LATE BAKHUR ALI R/O VILL- SIMINA -2, P.O. SIMINA P.S. PALASHBARI DIST. KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P K ROYCHOUDHURY, TRI GOSWAMI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 26-02-2026 Heard Mr. P.K. Roychoudhury, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application u/s 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying for grant of bail to the accused person, namely, Majibor Rahman in connection with Palashbari P.S. Case No. 318/2025 u/s 105 BNS. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Choudhury that the present accused/petitioner is innocent and he is not involved in the alleged offence. More so, from the FIR itself it is seen that the incident took place on 07.06.2025 whereas the information received by police station on 01.12.2025. There is no such explanation as to why there is a delay of 6 months in lodging the FIR. Further, he submitted that there is no specific allegation to who and by how the victims were assaulted by the accused persons. However, the petitioner is in custody since last 58 days and thus the I/O got sufficient opportunity to interrogate him by keeping him in custody and hence further custodial detention may not be required for the purpose of investigation. 5. Mr. Sharma, the learned Addl. PP raised objection and submitted that there are sufficient incriminating materials against the present petitioner including the other accused/persons who intentionally thrown a bench when the victim along with the deceased were coming in a motor-cycle for which they sustained grievous injuries on their person and at the same time it is also alleged that when they fell down from the motor-cycle, they all assaulted them and one person also died out of the said incident. Mr. Sharma accordingly submitted that the prayer for bail may not be considered at this stage. 6. Hearing the submissions made by learned counsel for both sides, I have also perused the case record and the Case Diary. It is seen there are some incriminating materials against the present petitioner along with the others. But, Page No.# 3/3 it is seen that the I/O got sufficient opportunity to interrogate them since the petitioner is in custody since last 58 days and considering these aspects of the case, other materials in the Case Diary, I find that further custodial interrogation may not be required for the interest of investigation. In view of this, the petitioner is hereby allowed to go on bail. 7. 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, Kamrup (M). The accused/petitioner, namely Majibor Rahman, 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/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, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant