Page No.# 1/4 GAHC010140442026 2026:GAU-AS:10642 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1877/2026 HUNUFA KHATUN W/O-MOHIR UDDIN VILL-KALADANGA P.S-GOALPARA RPS DIST- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENT BY THE P.P, ASSAM. Advocate for the Petitioner : MR. M HOQUE, MD A ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI O R D E R 03.08.2026. Heard Mr. M. Hoque, learned counsel appearing for the accused petitioner. Also heard Mr. B. Sarma, learned Addl. P.P., Assam, appearing for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, i.e. Hunufa Khatun who has been arrested in connection with the Chunari P.S. Case No. 02/2026, under Sections 61(2)/189(4)/190/ 191(2)/118(2)/103(1)/324(4) of the BNS, 2023. Page No.# 2/4 The case of the prosecution in brief is that one Sofiqul Islam lodged an FIR before the Officer-in-Charge of the Chunari P.S. stating that last on 24.03.2026 in the morning at around 10.00 AM his father, uncle and brother saw that lifting of the boundary pillars/posts of his patta land located at Hujuar Char Part-III, belonging to his father when the under mentioned accused person was questioned, they verbally abused using obscene language, and as per ill-advice of the accused persons, the accused No.1, 2 and 3 beat up his brother Saddam Hussain on various parts of his body with dao, rod, etc. causing severe injuries. As a result, the bone of his left arm broke and his head split open. Then, when Johirul Islam stepped forward and tried to stop them, the accused No.4, 5, 6 & 7 beat him on various parts of his body causing grievous injuries, resulting in a fracture on his head. Afterward, the remaining accused individuals struck his father on his heads with the aforementioned rod, breaking the fingers of both his hands and cutting the fingers with dao. They also broke the knee of his left leg. Furthermore, his uncle's right hand was broken and his head split open. They also severely injured one Somer Ali's head and split it open. Jiaruls Hoque's heads and legs were also broken. The accused persons also damaged the motor cycle of his father and also stole substantial amount of money from them. Accordingly an FIR was lodged resulting in registering of Chunari P.S. Case No. 02/2026, under Sections 61(2)/189(4)/ 190/191(2)/118(2)/103(1)/324(4) of the BNS, 2023. Upon investigation, the accused/petitioner’s name having come out was arrested on 24.05.2026 in connection with the aforesaid case and thereafter she was forwarded before the learned CJM, Goalpara, wherein her prayer for bail Page No.# 3/4 was rejected. Accordingly the accused petitioner has been in custody since then. Mr. Hoque, the learned counsel submits that the present accused petitioner is not named in the FIR and there is no allegation what so ever against the present accused petitioner. He further submits that the accused petitioner has been languishing in the jail since last 71 days. He further submits that the accused petitioner being the wife of the accused No.2, has been falsely implicated in the case in hand. Per contra, Mr. Sarma, the learned Addl. P.P., Assam submits that during the course of interrogation of the witnesses, as appears from the case diary that the accused petitioner was seen to be present during the time of incident. However, Mr. Sarma, the learned Addl. P.P., Assam fairly submits that no overt act or any criminal act has been attributed towards the present accused petitioner by any of the witnesses whose statement has been recorded during investigation. Having heard the submissions made by learned counsel appearing for both sides and having perused the materials available on the record as well as in the case diary, it appears that the accused petitioner has been languishing in the jail since last 71 days. It also appears that the investigation of the case has also been substantially progressed, wherein the statement of the witnesses has already been recorded by the I.O. It further appeared that except the presence of the accused petitioner during the time of commission of the offence, no other act attributable to the present petitioner has come out during such investigation. It further appears that there is no adverse material as regards the Page No.# 4/4 antecedent of the materials collected by the I.O. Considering the entire facts and circumstances of the case, this Court of the considered view that further detention of the petitioner may not be justified for the ongoing investigation. Accordingly, it is provided that the petitioner named above shall be released on bail, in connection with the above noted case, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) only with one surety of like amount to the satisfaction of learned C.J.M., Goalpara subject to the following conditions that:- i) The accused petitioner shall cooperate with the Investigating Officer as and when required; ii) The accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Police Officer or the Court; and iii) The accused petitioner shall refrain from such activities with which she is alleged. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant